reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-140 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The commission will make available to all persons a current index which provides identifying information as to the following records issued, adopted or promulgated since its inception:
(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy, statute and the Constitution which have been adopted by the agency;
(c) Administrative staff manuals and instruction to staff that affect a member of the public;
(d) Planning policies and goals, and interim and final planning decisions;
(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-150 - Communications

Current through Register Vol. 24-14, July 15, 2024
All communications with the commission including but not limited to the submission of materials pertaining to its operations and/or the administration enforcement of chapter 42.56 RCW; requests for copies of the commission's decisions and other matters, shall be addressed as follows: c/o Public Records Officer, Commission on Hispanic Affairs, 210 11th Avenue S.W., Suite 301A, Olympia, WA 98504-0924.
Statutory Authority: RCW 43.115.040. 08-07-001, §
										322-12-150, filed 3/5/08, effective 4/5/08; Order 1, §
										322-12-150, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-160 - Adoption of form

Current through Register Vol. 24-14, July 15, 2024
The commission on Hispanic affairs hereby adopts for use by all persons requesting inspection and/or copies of records the form set out below, entitled "Request for public records."
We have received your request for copies of our public records. Please complete the form on the right and return it with the amount required. We will forward the requested copies to you as soon as we receive this form.
Thank you.
Return to:
Commission on Hispanic Affairs 210 11th Avenue S.W., Suite 301A
Olympia, WA 98504-0924
Commission on
Hispanic Affairs
REQUEST FOR PUBLIC RECORDS
Date . . . . . . . . . . ..
Time . . . . . . . . . . ..
Name . . . . . . . . . . ..
Address . . . . . . . . . . ..
. . . . . . . . . . ..
Description of Records (see index):
. . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
I certify that the information obtained through this request for public records will not be used for commercial purposes.
. . . . . . . . . . ..
Signature
Number of copies
. . . . . . . . . . ..
Number of pages
. . . . . . . . . . ..
Per page charge
. . . . . . . . . . ..
Total charge
$ . . . . . . . . . . ..
Statutory Authority: RCW 43.115.040. 08-07-001, §
										322-12-160, filed 3/5/08, effective 4/5/08; Order 1, §
										322-12-160 and form, filed 12/9/74.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-10 - Public records › Section 323-10-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1)RCW  42.56.070(1) requires each agency to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include 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 the agency. RCW  42.56.070(2) requires each agency to set forth "for informational purposes" every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that agency.
(2) The purpose of these rules is to establish the procedures the military department will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the military department and establish processes for both requestors and military department staff that are designed to best assist members of the public in obtaining such access.
(3) The purpose of the act is to provide the public full access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. In carrying out its responsibilities under the act, the military department will be guided by the provisions of the act describing its purposes and interpretation.
Statutory Authority: RCW 42.56.010 and 42.56.100. 12-09-089, §
										323-10-010, filed 4/18/12, effective 5/19/12; §
										323-10-010, filed 2/13/74.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-10 - Public records › Section 323-10-020 - Agency description - Contact information - Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The military department is the agency established by law pursuant to the provisions of Title 38 RCW. The headquarters building of the military department and its staff are located at: 1 Militia Drive, Building 1, Camp Murray, Washington, 98430.
(2) Any person wishing to request access to public records of the military department, or seeking assistance in making such a request should contact the public records officer of the military department:
Public Records Officer
Washington Military Department
Building 1
Camp Murray, WA 98430
Phone: 253-512-8110
E-mail: public.records@mil.wa.gov
Information and public records are also available at the military department web site at
http://www.mil.wa.gov
. Requestors are encouraged to view the information and documents available on the web site prior to contacting the records officer.
(3) The public records officer will oversee compliance with the act but another military department staff member may process the request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the military department will provide the fullest assistance to requestors, create and maintain for use by the public and military department officials an index to public records of the military department, protect public records from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the military department.
Statutory Authority: RCW 42.56.010 and 42.56.100. 12-09-089, §
										323-10-020, filed 4/18/12, effective 5/19/12; §
										323-10-020, filed 2/13/74.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-10 - Public records › Section 323-10-030 - 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 by appointment during normal business hours of the military department, Monday through Friday, 9:00 a.m. to 4:00 p.m., excluding legal holidays. Original records must be inspected at the offices of the military department. The military department will take reasonable action to protect records from damage and disorganization during inspection. A requestor shall not take military department records from military department offices without the permission of the public records officer or designee.
(2) Records index and records available on-line. An index of public records is available for use by members of the public. The index, which also includes a list of laws other than those in chapter 42.56 RCW that exempt or prohibit disclosure of specific information or records, may be accessed on-line at
http://www.mil.wa.gov
. A variety of records is also available on the military department web site. Requestors are encouraged to view the documents available on the web site prior to submitting a records request.
(3) Making a request for public records.
(a) Any person wishing to inspect or obtain copies of public records of the military department should make the request in writing by letter, fax, or e-mail addressed to the public records officer or using the military department web site form located at:
http://www.mil.wa.gov
. Records requests should include the following information:
Name of requestor;
Address of requestor;
Other contact information, including telephone number and e-mail address;
Identification of the public records adequate for the public records officer or designee to locate the records; and
The date and time of day of the request.
(b) If the requestor wishes to obtain photocopies or electronic versions of nonelectronic records instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records. A deposit may be required prior to the military department's collection of the records requested. Pursuant to WAC 323-10-070, photocopies will be provided at fifteen cents per page and scanned copies will be provided at six cents per page.
(c) The public records officer or designee may accept requests for public records that contain the above information by telephone or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing. The department will presume that the request is fully and accurately described in this confirmation unless the requestor promptly indicates otherwise in writing.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-10 - Public records › Section 323-10-040 - Processing of public records requests - General

Current through Register Vol. 24-14, July 15, 2024
(1) Order of response. 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 or scanned documents are requested and terms of payment are met, send the copies to the requestor;
(c) Provide a reasonable estimate of when records will be available;
(d) Seek clarification of a request;
(e) Revise the estimate of when records will be available; or
(f) Deny the request.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-10 - Public records › Section 323-10-050 - 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 the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record.
Statutory Authority: RCW 42.56.010 and 42.56.100. 12-09-089, §
										323-10-050, filed 4/18/12, effective 5/19/12; §
										323-10-050, filed 2/13/74.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-10 - Public records › Section 323-10-060 - 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. A list of statutes containing exemptions outside the Public Records Act that restrict availability of some documents held by the military department can be found in the military department public records index which is available on-line at
http://www.mil.wa.gov
or from the public records officer.
(2) The military department is prohibited by statute from disclosing lists of individuals for commercial purposes.
Statutory Authority: RCW 42.56.010 and 42.56.100. 12-09-089, §
										323-10-060, filed 4/18/12, effective 5/19/12; §
										323-10-060, filed 2/13/74.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-10 - Public records › Section 323-10-070 - Costs of providing copies of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Inspection.
There is no fee for inspecting public records.
(2)
Statutory default
			 costs.
Pursuant to RCW   42.56.120(2), the department declares for the
			 following reasons that it would be unduly burdensome for it to calculate the
			 actual costs it charges for providing copies of public records:
(a) Funds were not allocated for performing a
			 study to calculate such actual costs and the agency lacks the necessary funds
			 to perform a study and calculations;
(b) Staff resources are insufficient to
			 perform a study and to calculate such actual costs; and
(c) A study would interfere with and disrupt
			 other essential agency functions.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-10 - Public records › Section 323-10-080 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(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 e-mail) 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 special assistant to the director. The petition will be affirmed or reversed within five business days following the military department's receipt of the petition, or within such other time as the military department and the requestor mutually agree.
(3) Review by the attorney general's office. Pursuant to RCW  42.56.530, if the military department 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 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.
Statutory Authority: RCW 42.56.010 and 42.56.100. 12-09-089, §
										323-10-080, filed 4/18/12, effective 5/19/12; §
										323-10-080, filed 2/13/74.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
These rules are promulgated under RCW  43.21C.120 (the State Environmental Policy Act) and chapter 197-11 WAC (SEPA rules).
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-010, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-020 - Additional definitions

Current through Register Vol. 24-14, July 15, 2024
The following term(s) shall have the listed meaning(s):
"Department" means the military department unless otherwise indicated.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-020, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-030 - Incorporation of chapter 197-11 WAC

Current through Register Vol. 24-14, July 15, 2024
(1) The following sections or subsections of chapter 197-11 WAC (SEPA rules adopted by the department of ecology on January 26, 1984) are hereby adopted by reference.
WAC
197-11-040
Definitions.
197-11-060
Content of environmental review.
197-11-070
Limitations on actions during SEPA process.
197-11-080
Incomplete or unavailable information.
197-11-090
Supporting documents.
197-11-300
through 390 Part three - Categorical exemptions and threshold determination.
197-11-400
through 460 Part four - Environmental impact statement (EIS).
197-11-500
through 570 Part five - Commenting.
197-11-600
through 640 Part six - Using existing environmental documents.
197-11-655
Implementation.
197-11-800
Categorical exemptions.
197-11-880
Emergencies.
197-11-926
Lead agency for governmental proposals.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-030, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-040 - Purpose - Policy

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this chapter is to describe military department policy, assign responsibility, and establish procedures for the integration of environmental considerations into department planning and decision making. This chapter implements the State Environmental Policy Act and SEPA rules as they apply to actions of the military department.
(2) It is the policy of the department that significant adverse economic, social, and environmental effects relating to any proposed department action will be fully considered in planning and implementing such actions, and that final decisions on such action should be made in the best overall public interest, and taking into consideration:
(a) The need for immediate response to state emergencies;
(b) The adverse environmental, social, and economic effects of the proposed action; and
(c) The costs of eliminating or minimizing such adverse effects.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-050 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
Within the military department, the adjutant general is the person with ultimate responsibility for departmental actions. The responsible official for a specific proposal shall be the Army National Guard facilities management officer or Air National Guard base civil engineers or his/her designees. Significant actions proposed by other coordinating or special staff functions shall be coordinated through the appropriate responsible official.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-050, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-060 - Preparation of environmental documentation

Current through Register Vol. 24-14, July 15, 2024
Preparation of environmental documentation is the responsibility of the department's Army and Air National Guard's engineering sections. The responsible official shall be satisfied that all environmental documentation issued by the department is in compliance with these rules and chapter 197-11 WAC.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-060, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-070 - Timing of the SEPA process

Current through Register Vol. 24-14, July 15, 2024
(1) The SEPA process should be integrated with department activities at the earliest possible time to ensure that planning and decisions reflect environmental values, to avoid delays later in the process, and to seek to resolve potential problems.
(2) The department shall prepare its threshold determination and environmental impact statement, if required, at the earliest possible point in the planning and decision making process, when the principal features of a proposal and its environmental impacts can be reasonably identified.
(3) Appropriate consideration of environmental information shall be completed before the department commits to a particular course of action.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-070, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-080 - Environmentally sensitive areas

Current through Register Vol. 24-14, July 15, 2024
In its actions the department shall respect "environmentally sensitive area" designations and their modified exemption criteria which have been adopted by local governments under WAC 197-11-908.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-080, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-090 - Threshold levels adopted by local governments

Current through Register Vol. 24-14, July 15, 2024
During threshold determination the department shall respect threshold levels adopted by local governments under WAC 197-11-800.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-090, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-100 - Coordination of combined state-federal action

Current through Register Vol. 24-14, July 15, 2024
When the department considers actions which also involve federal actions, it shall coordinate the two governmental processes so that only one EIS, or other environmental document, need be prepared for that proposal.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-100, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-110 - Public notice requirements

Current through Register Vol. 24-14, July 15, 2024
When these rules require notice of environmental document preparation or availability, as a lead agency the department shall give public notice by using at least one of the following methods:
(1) Posting the property, for site-specific proposals;
(2) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;
(3) Notifying the news media;
(4) Directly notifying local jurisdictions affected by a proposed action.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-110, filed 2/11/87.
Washington Administrative Code › Title 323 - Military Department › Chapter 323-12 - Military department State Environmental Policy Act procedures › Section 323-12-120 - Appeals

Current through Register Vol. 24-14, July 15, 2024
There are no appeals to a local legislative body, nor are there agency administrative appeal procedures. Judicial appeals provisions in SEPA are found in RCW  43.21C.075 and 43.21C.080.
Statutory Authority: Chapter 43.21C RCW. 87-05-014 (Order 87-01), §
										323-12-120, filed 2/11/87.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose and intent of chapter 120, Laws of 1983, and of
				Title 326 WAC is to provide the maximum practicable opportunity for increased
				participation by minority, women, and socially and economically
				disadvantaged-owned and controlled businesses in public works and the process
				by which goods and services are procured by state agencies and educational
				institutions from the private sector. This purpose will be accomplished by
				encouraging the full use of existing minority, women, and socially and
				economically disadvantaged-owned and controlled businesses and the entry of new
				and diversified minority, women, and socially and economically
				disadvantaged-owned and controlled businesses into the marketplace. These rules
				shall be applied and interpreted to promote this purpose.
Statutory Authority:
				  RCW
				  39.19.030 and
				  39.19.120. 04-08-093, §
										326-02-010, filed 4/6/04,
				  effective 5/7/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-02-010, filed 5/11/92,
				  effective 6/11/92. Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order
				  83-3), §
										326-02-010, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
Title 326 WAC applies to all applications for certification,
				the linked deposit program, and to all public works and procurement by state
				agencies and educational institutions: Provided, That this title does not apply
				where it is found to be in conflict with federal requirements which are a
				prescribed condition to the allocation of federal funds to the state. In such a
				case, the conflicting portions of this chapter are inoperative solely to the
				extent of the conflict and with respect to the agencies directly
				affected.
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-02-020, filed 1/22/08,
				  effective 2/22/08. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-02-020, filed 5/11/92,
				  effective 6/11/92. Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order
				  83-3), §
										326-02-020, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Words and terms used in this title have the same meaning as
				each has under chapter 43.19 RCW, unless otherwise specifically provided in
				this title, or the context in which they are used clearly indicates another
				meaning.
(1) "Advisory committee"
			 means the advisory committee for the office of minority and women's business
			 enterprises.
(2) "Affiliation" has
			 the same meaning as the Small Business Administration (SBA) regulations,  13
			 C.F.R. Part 121 . Except as otherwise provided in   13 C.F.R. Part 121, concerns
			 are affiliates of each other when, either directly or indirectly:
(a) One concern controls or has the power to
			 control the other;
(b) A third
			 party or parties controls or has the power to control both; or
(c) An identity of interest between or among
			 parties exists such that affiliation may be found.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-031 - Office of minority and women's business enterprises account - Created - Purpose

Current through Register Vol. 24-14, July 15, 2024
The office of minority and women's business enterprises account
				is created in the custody of the state treasurer for the purpose of defraying
				costs of the office in administering
				chapter
				39.19 RCW. Only the
				director or the director's designee may authorize expenditures from the
				account. Money in the account may be spent only after appropriation. The
				revolving fund account is subject to the allotment procedures provided under
				chapter
				43.88 RCW. The director of
				the office of financial management shall prescribe appropriate accounting
				procedures to accurately record payments to the fund from businesses, state
				agencies and educational institutions, and political subdivisions and
				expenditures from the fund.
Statutory Authority: 1993 c 195. 93-16-080, §
										326-02-031, filed 8/3/93,
				  effective 9/3/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-033 - State agency and educational institution fees

Current through Register Vol. 24-14, July 15, 2024
The office shall charge a fee to each state agency and
				educational institution to assist in the support of the state's minority and
				women's business enterprise program. The fee will be apportioned according to
				the state agency and educational institution's expenditure level of funds which
				are subject to
				chapter
				39.19 RCW and Title 326
				WAC.
State agency and educational institution's charges that are
				five-hundred dollars or less will be billed once in a biennium. Charges over
				five hundred dollars will be billed at least yearly to limit administrative
				expenditures. The office will submit invoices to state agencies and educational
				institutions and payments will be due on or before July 15 unless, the state
				agency or educational institution is billed more frequently than
				yearly.
Statutory Authority: 1993 c 195. 93-16-080, §
										326-02-033, filed 8/3/93,
				  effective 9/3/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-040 - Prohibited activities with regard to chapter 39.19 RCW

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			  39.19.080 makes it unlawful for a person,
			 firm, corporation, business, union, or other organization to:
(a) Prevent or interfere with a contractor's
			 or subcontractor's compliance with this chapter, or any rule adopted under this
			 chapter;
(b) Submit false or
			 fraudulent information to the state concerning compliance with this chapter or
			 any such rule;
(c) Fraudulently
			 obtain, retain, attempt to obtain or retain, or aid another in fraudulently
			 obtaining or retaining or attempting to obtain or retain certification as a
			 minority, women, or socially and economically disadvantaged individual's
			 business enterprise for the purpose of this chapter;
(d) Knowingly make a false statement, whether
			 by affidavit, verified statement, report, or other representation, to a state
			 official or employee for the purpose of influencing the certification or denial
			 of certification of any entity as a minority, women, or socially and
			 economically disadvantaged individual's business enterprise;
(e) Knowingly obstruct, impede, or attempt to
			 obstruct or impede any state official or employee who is investigating the
			 qualification of a business entity that has requested certification as a
			 minority, women, or socially and economically disadvantaged individual's
			 business enterprise;
(f)
			 Fraudulently obtain, attempt to obtain, or aid another person in fraudulently
			 obtaining or attempting to obtain public moneys to which the person is not
			 entitled under this chapter;
(g)
			 Knowingly make false statements that any entity is or is not certified as a
			 minority, women, or socially and economically disadvantaged individual's
			 business enterprise for purposes of obtaining a contract governed by this
			 chapter;
(h) To fail or refuse to
			 comply with any provision of
			 chapter
			 39.19 RCW or with a
			 contract requirement established under this chapter.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-045 - Factors considered in determining performance of commercially useful function (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.19.030 and
				  39.19.120. 04-08-093, §
										326-02-045, filed 4/6/04,
				  effective 5/7/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-02-045, filed 5/11/92,
				  effective 6/11/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-050 - Penalties which may be imposed

Current through Register Vol. 24-14, July 15, 2024
(1) The penalties under this section may be
			 imposed by the office, or by the state agency or educational institution
			 administering a contract or procurement within which a violation occurs.
			 Nothing in
			 chapter
			 39.19 RCW or this title
			 prevents the state agency or educational institution administering the contract
			 from pursuing any procedures or sanctions as are otherwise provided by statute,
			 rule, or contract provision.
(2)
			 Penalties which may be imposed include one or more of the following:
(a) Withhold payment until the violation is
			 remedied;
(b) Debarment from
			 contracting with the state for up to one year; debarment for up to three years
			 may be imposed for willful repeated violations, exceeding a single
			 violation;
(c) Suspension of the
			 contract;
(d) Termination of the
			 contract;
(e) Immediate suspension
			 of the certification of a certified firm;
(f) Payment of civil penalties of up to five
			 thousand dollars for each violation or up to ten percent of the amount of the
			 contract; or
(g) Decertification or
			 denial of certification.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-060 - Factors considered in determining penalties

Current through Register Vol. 24-14, July 15, 2024
In determining the nature of the penalty and monetary amount,
				if any, of a penalty to be imposed, the factors which may be considered
				include, but are not limited to:
(1)
			 The potential harm to the certified or noncertified business;
(2) Potential harm to the state, due to delay
			 or other problems;
(3) The
			 potential for harm to the public;
(4) Whether the violation occurs in the
			 context of particular contract;
(5)
			 The stage or percent of completion of a contract at which the violation
			 occurs;
(6) The timing of the
			 discovery of the violation;
(7) The
			 contracting history of the alleged violator;
(8) The extent to which the alleged violator
			 has cooperated with the investigation;
(9) Whether there have been previous
			 violations by the person.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-11-007,
				  §
										326-02-060, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-22-017
				  (Order 88-9), §
										326-02-060, filed
				  10/24/88.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-070 - Suspension of contract

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 performance of a contract may be immediately suspended upon receipt of adequate
			 evidence received by the office that the person has engaged in any of the
			 prohibited activities described in WAC
			 326-02-040 and
			 RCW
			  39.19.080.
(2) The decision of the office to suspend a
			 contract is discretionary and will not be based on an unsupported allegation.
			 Decisions to suspend shall be in the public interest, including the
			 government's interest in doing business with firms that are responsible and in
			 preserving competition.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-11-007,
				  §
										326-02-070, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-22-017
				  (Order 88-9), §
										326-02-070, filed
				  10/24/88.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-080 - Suspension of certification

Current through Register Vol. 24-14, July 15, 2024
The certification of a business may be suspended for engaging
				in any of the activities prohibited by
				RCW
				 39.19.080 and WAC
				326-02-040, upon a showing that
				immediate action is necessary to prevent harm to the public
				welfare.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-11-007,
				  §
										326-02-080, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-22-017
				  (Order 88-9), §
										326-02-080, filed
				  10/24/88.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-02 - General provisions › Section 326-02-090 - Procedures for suspension, hearing provided

Current through Register Vol. 24-14, July 15, 2024
(1) If the director determines that
			 suspension of the certification of a business is necessary to prevent immediate
			 harm to the public welfare, the business will be notified by personal service
			 or certified mail, return receipt requested, of the suspension and the reasons
			 therefor. The suspension shall take effect immediately upon receipt of the
			 notice. The suspended business will be entitled to a hearing pursuant to
			 chapter 326-08 WAC, but a written request for hearing must be made within
			 twenty days of receipt of the notice of suspension.
(2) After the hearing, the presiding officer
			 may recommend that:
(a) Suspension of
			 certification remain in effect for up to one year;
(b) The suspension be removed; or
(c) That the business be
			 decertified.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to ensure compliance by
				the office with the provisions of chapter 42.17 RCW, and in particular with RCW
				 42.17.250 through 42.17.320, dealing with public records.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-010, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Public record"
			 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 the office regardless of physical form or
			 characteristics.
(2) "Writing"
			 means handwriting, typewriting, printing, photostating, photographing, and
			 every other means of recording any form of communication or representation,
			 including letters, words, pictures, sounds, symbols, or combination thereof;
			 and all papers, maps, magnetic or paper tapes, photographic films and prints,
			 magnetic or punched cards, discs, drums, and other documents.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-020, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-030 - Description of office organization

Current through Register Vol. 24-14, July 15, 2024
(1) The office is located at 406 South Water
			 Street, Olympia, Washington 98504.
(2) The office consists of a director, deputy
			 director, confidential secretary, support staff, and three divisions;
			 certification, agency support and business development, and information
			 services.
(3) The office provides
			 the following services: Certification of businesses, monitoring
			 agency/educational institution compliance with
			 chapter
			 39.19 RCW and this title,
			 publication of a list of certified businesses, identification of barriers to
			 participation by minority, women, and socially and economically
			 disadvantaged-owned businesses in the contracting and procurement processes of
			 state agencies and educational institutions, and development of a plan which
			 ensures opportunities for qualified minority, women, and socially and
			 economically disadvantaged-owned businesses to participate.
Statutory Authority:
				  RCW
				  39.19.030 and
				  39.19.120. 04-08-093, §
										326-07-030, filed 4/6/04,
				  effective 5/7/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-24-107,
				  §
										326-07-030, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-040 - Operations and procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Practice and procedure in and before the office are governed by the Model rules
			 of procedure, chapter 10-08 WAC. Adjudicative proceedings are governed by
			 chapter 326-08 WAC.
(2) The
			 operations of the office are conducted according to the provisions of
			 chapter
			 39.19 RCW.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-040, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-050 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the office, except as otherwise provided
				in RCW  42.17.310, shall be available for public inspection and copying during
				the customary office hours of the office.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-050, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-060 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The person designated by the director as the public records
				officer shall be responsible for the following:
The implementation of the agency's rules and regulations
				regarding release of public records, coordinating the staff of the agency in
				this regard, and generally ensuring compliance by the staff with the public
				records disclosure requirements of chapter 42.17 RCW.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-060, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-070 - Office hours

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the customary office hours
				shall be from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through
				Friday, excluding legal holidays.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-070, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-080 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
In accordance with requirements of chapter 42.17 RCW that
				agencies prevent unreasonable invasions of privacy, protect public records from
				damage or disorganization, and prevent excessive interference with essential
				functions of the office, public records may be inspected or copied or copies of
				such records may be obtained, by members of the public, upon compliance with
				the following procedures:
(1) A
			 request shall be made in writing upon a form prescribed by the office which
			 shall be available at its office. The form shall be presented to the public
			 records officer; or to the appropriate member of the office's staff, if the
			 public records officer is not available, at the office during customary office
			 hours. The request shall include the following information:
(a) The name, address, and organization
			 represented, if any, of the person requesting the record;
(b) The calendar date on which the request
			 was made;
(c) The nature of the
			 request;
(d) If the matter
			 requested is referenced within the current index maintained by the records
			 officer, a reference to the requested record as it is described in such current
			 index;
(e) If the requested matter
			 is not identifiable by reference to the office's current index, an appropriate
			 description of the record requested;
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-090 - Inspection and copying

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Inspection of public records shall be made in the presence of the public
			 records officer or, in his or her absence, the presence of the appropriate
			 staff member.
(2) Copying of public
			 records shall be performed only by the public records officer or, in his or her
			 absence, the appropriate staff member.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-090, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-100 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) The following
			 copy fees and payment procedures apply to requests to the office under chapter
			 42.56 RCW and received on or after July 23, 2017.
(2) Pursuant to
			 RCW
			  42.56.120(2)(b), the office
			 is not calculating all actual costs for copying records because to do so would
			 be unduly burdensome for the following reasons:
(a) The office does not have the resources to
			 conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere
			 with other essential agency functions; and
(c) Through the 2017 legislative process, the
			 public and requestors have commented on and been informed of authorized fees
			 and costs, including for electronic records, provided in
			 RCW
			  42.56.120(2)(b) and (c), (3) and
			 (4).