reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-276 - Public records › Section 148-276-100 - 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 "otherstatute" exempts or
			 prohibits disclosure. Requestors should be aware of the following exemptions,
			 outside the Public Records Act, that restrict the availability of some documents
			 held by the center for inspection and copying:
(a) The Family Educational Rights and Privacy
			 Act,  20 U.S.C. Sec. 1232g;
(b)RCW
			    5.60.060(2), records subject
			 to the attorney-client privilege; and
(c)RCW
			    42.56.290, attorney work-product involving a
			 controversy.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-276 - Public records › Section 148-276-110 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the initial
			 denial or partial denial of a request for a public record may petition in writing
			 (including e-mail) to the public records officer for prompt 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 public records officer's supervisor for
			 review. That person will immediately consider the petition and either affirm or
			 reverse the denial within two business days following the center's receipt of the
			 petition, or within such other time as mutually agreed upon by the center and the
			 requestor.
(3)
Review by the
			 attorney general's office.
Pursuant to
			 RCW
			    42.56.530, if the center 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
				     72.40.022 and 42.17.250. 90-16-017, §
										148-276-110, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-276 - Public records › Section 148-276-120 - Protection of public records (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				     72.40.022 and 42.17.250. 90-16-017, §
										148-276-120, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-276 - Public records › Section 148-276-130 - Records index (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				     72.40.022 and 42.17.250. 90-16-017, §
										148-276-130, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-276 - Public records › Section 148-276-140 - Adoption of form (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				     72.40.022 and 42.17.250. 90-16-017, §
										148-276-140, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-280 - Family Educational Rights and Privacy Act of 1974 › Section 148-280-010 - Confidentiality of student records

Current through Register Vol. 24-14, July 15, 2024
The Washington state center for childhood deafness and hearing
				loss implements policy contained in this chapter in compliance with the Family
				Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232(g);  34 C.F.R. Part 99
				 (FERPA). This law establishes that the education records of students attending or
				having attended the school for the deaf (school) are confidential and can be
				released only with written permission of the parent (or adult student). The
				primary rights of parents and adult students under FERPA are:
(1) To inspect and review education
			 records;
(2) To request amendment of
			 education records; and
(3) To have
			 some control over the disclosure of information from education records.
Statutory Authority: RCW 72.40.011.
				  03-20-014, §
										148-280-010, filed 9/22/03,
				  effective 10/23/03. Statutory Authority:
				  RCW
				     72.40.022 and  20 U.S.C. §§
											1232(g), 1412(2)(D), 1414(a)(1)(B) and 1417(c). 90-16-018, §
										148-280-010, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-280 - Family Educational Rights and Privacy Act of 1974 › Section 148-280-015 - Notice

Current through Register Vol. 24-14, July 15, 2024
The school provides parents and adult students currently in
				attendance with annual notice of their rights under FERPA by publication in the
				parent/student handbook and through these rules.
Statutory Authority: RCW 72.40.011.
				  03-20-014, §
										148-280-015, filed 9/22/03,
				  effective 10/23/03. Statutory Authority:
				  RCW
				     72.40.022 and  20 U.S.C. §§
											1232(g), 1412(2)(D), 1414(a)(1)(B) and 1417(c). 90-16-018, §
										148-280-015, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-280 - Family Educational Rights and Privacy Act of 1974 › Section 148-280-020 - Access rights

Current through Register Vol. 24-14, July 15, 2024
(1) The school shall
			 permit parents of students eligible for special education to inspect and review,
			 during school business hours, any education records relating to the student which
			 are collected, maintained, or used by the school under chapters 392-172A and
			 148-172 WAC. A request by a parent (or adult student) to inspect and review
			 education records should be made in writing to the supervising administrator K-12
			 (i.e., building principal). The supervising administrator K-12 shall comply with
			 a request promptly and before any meeting regarding an individualized education
			 program or hearing or resolution session relating to the identification,
			 evaluation, educational placement of the student or provision of FAPE to the
			 student, including disciplinary proceedings. The school shall respond, in no
			 case, more than forty-five calendar days after the request has been
			 made.
(2) Where the education record
			 includes information on more than one student, the parent(s) of those students
			 (or the adult students) shall have the right to inspect and review only the
			 information relating to their child (or themselves) or to be informed of that
			 specific information.
(3) The right
			 to inspect and review education records under this section includes:
(a) The right to a response from the center to
			 reasonable requests for explanations and interpretations of the
			 records;
(b) The right to request
			 that the center provide copies of the records containing the information if
			 failure to provide those copies would effectively prevent the parent or adult
			 student from exercising the right to inspect and review the records;
			 and
(c) The right to have a
			 representative of the parent or adult student inspect and review
			 records.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-280 - Family Educational Rights and Privacy Act of 1974 › Section 148-280-025

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 72.40.011.
				  03-20-014, §
										148-280-025, filed 9/22/03,
				  effective 10/23/03. Statutory Authority:
				  RCW
				     72.40.022 and  20 U.S.C. §§
											1232(g), 1412(2)(D), 1414(a)(1)(B) and 1417(c). 90-16-018, §
										148-280-025, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-280 - Family Educational Rights and Privacy Act of 1974 › Section 148-280-030 - Amendment of records-Hearing on request to amend records

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) A
			 parent (or adult student) who believes that information contained in the
			 education record is inaccurate, misleading, or violates the privacy or other
			 rights of the student, may request the school to amend the information.
(b) A parent (or adult student) shall not be
			 permitted under this chapter to challenge the validity of grades or other
			 evaluations which are accurately recorded.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-280 - Family Educational Rights and Privacy Act of 1974 › Section 148-280-040 - Consent for release of records

Current through Register Vol. 24-14, July 15, 2024
(1) Parental
			 consent must be obtained before personally identifiable information is disclosed
			 to parties, other than officials of participating agencies in accordance with
			 subsection (2) of this section, unless the information is contained in education
			 records, and the disclosure is authorized without parental consent under  34
			 C.F.R. Part 99.
(2) Except as
			 provided in this section, parental consent is not required before personally
			 identifiable information is released to officials of participating agencies for
			 purposes of meeting a requirement of this part.
(3) Parental consent, or the consent of an
			 eligible student who has reached the age of majority under state law, must be
			 obtained before personally identifiable information is released to officials of
			 participating agencies providing or paying for transition services.
(4) If a parent (or adult student) so requests,
			 the school shall provide him or her with a copy of the records
			 disclosed.
(5) "Directory
			 information" may be disclosed without the parent's (or adult student's) prior
			 written consent, unless the parent (or adult student) notifies the school in
			 writing within ten days of enrollment and thereafter by the tenth day of the
			 academic year that he or she does not want any or all of the student's
			 information to be designated as directory information.
Statutory Authority: RCW 72.40.011.
				  03-20-014, §
										148-280-040, filed 9/22/03,
				  effective 10/23/03. Statutory Authority:
				  RCW
				     72.40.022 and  20 U.S.C. §§
											1232(g), 1412(2)(D), 1414(a)(1)(B) and 1417(c). 90-16-018, §
										148-280-040, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-280 - Family Educational Rights and Privacy Act of 1974 › Section 148-280-055 - Record of access

Current through Register Vol. 24-14, July 15, 2024
The school shall maintain a record of parties obtaining access
				to educational records collected, maintained, or used under this chapter
				including the name of the party, the date access was given, and the purpose for
				which the party is authorized to use the records. The agency is not required to
				keep a record of access by parents, and authorized employees with a legitimate
				educational interest in the records.
Statutory Authority: RCW 72.40.011.
				  03-20-014, §
										148-280-055, filed 9/22/03,
				  effective 10/23/03. Statutory Authority:
				  RCW
				     72.40.022 and  20 U.S.C. §§
											1232(g), 1412(2)(D), 1414(a)(1)(B) and 1417(c). 90-16-018, §
										148-280-055, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-280 - Family Educational Rights and Privacy Act of 1974 › Section 148-280-060 - Destruction of information

Current through Register Vol. 24-14, July 15, 2024
(1) Student education
			 records may be destroyed in accordance with state laws and regulations: Provided,
			 That the school shall not destroy any education records if there is an
			 outstanding request to inspect and review the records under this
			 chapter.
(2)
(a) The school shall inform parents (or adult
			 students) when personally identifiable information is no longer needed to provide
			 educational services to the student, or is no longer required to be retained
			 under state or federal law.
(b) At
			 the request of a parent (or adult student), the school shall destroy personally
			 identifiable information. However, the school may maintain a permanent record of
			 the student's name, address, phone number, grades, attendance record, classes
			 attended, grade level completed, and year of completion without time
			 limitation.
Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-325 - State Environmental Policy Act rules › Section 148-325-010 - Implementation of State Environmental Policy Act

Current through Register Vol. 24-14, July 15, 2024
(1) It shall be the policy of Washington state
			 school for the deaf that all actions taken by the school shall comply with the
			 provisions of
			 chapter
			 43.21C RCW (State
			 Environmental Policy Act) and chapter 197-11 WAC as presently enacted or
			 hereafter amended.
(2) The
			 superintendent, or his or her designee, shall be responsible for administering
			 and implementing this policy.
Statutory Authority:
				  RCW
				  72.40.022. 90-16-020, §
										148-325-010, filed 7/19/90,
				  effective 8/19/90.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
In general, words are used with this title in the same meaning
			as they are used in the law against discrimination,
			chapter
			49.60 RCW. See, in
			particular,
			RCW
			   49.60.040. The following words are used with
			the meaning given, unless the context clearly indicates another meaning.
"Administrative Procedure Act" means
			chapter
			34.05 RCW.
"Age" means between forty and seventy years of age.
"Chairperson" means the chairperson of the commission. The word
			"chairperson" is used in the place of "chairman" where that word appears in the
			law against discrimination. The chairperson of the commission is the member of
			the commission designated as chairman by the governor under
			RCW
			   49.60.050.
"Civil rule" or "CR" means the superior court civil rules as
			now or hereafter amended.
"Clerk" means the clerk of the commission appointed pursuant to
			WAC 162-04-026.
"Commission" means the Washington state human rights
			commission.
"Complainant" means a person who has filed a complaint under
			authority of
			RCW
			   49.60.230.
"Complaint" means a formal complaint filed with the commission
			pursuant to
			RCW
			   49.60.230 and these rules.
"Executive director" means the executive director of the
			commission appointed pursuant to
			RCW
			   49.60.120(1).
"Handicap" is short for the phrase "the presence of any
			sensory, mental, or physical handicap" used in the law against discrimination,
			and means the full phrase. See WAC 162-22-040.
"Law against discrimination" means
			chapter
			49.60 RCW.
"Marital status" refers to the legal status of being married,
			single, divorced, or widowed.
"Member" means a member of the commission, except where the
			context indicates another meaning is intended.
"Protected class" means the persons who are members of (or who
			are treated as members of) one of the groups against whom discrimination is
			declared to be an unfair practice by the law against discrimination. Protected
			classes include persons between the ages of forty and seventy, persons of any
			race, creed, color, national origin, sex, or marital status, and persons who
			are handicapped.
"Respondent" means one against whom a complaint has been filed
			under authority of
			RCW
			   49.60.230.
Statutory Authority:
			  RCW
			  49.60.120(3). 89-23-019,
			  §
										162-04-010, filed 11/7/89,
			  effective 12/8/89; Order 37, §
										162-04-010, filed 10/27/77; Order
			  30, §
										162-04-010, filed 11/23/76; Order
			  23, §
										162-04-010, filed 7/21/75; Order
			  16, §
										162-04-010, filed 5/22/74; Order
			  9, §
										162-04-010, filed 9/23/71; Order
			  7 (part), §
										162-04-010, filed
			  1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-020 - Organization and operations

Current through Register Vol. 24-14, July 15, 2024
(1)
Membership.
The Washington state human rights commission consists
		  of five members, one of whom is designated as chairperson, appointed by the
		  governor for staggered five-year terms.
(2)
Meetings.
The commission
		  holds regular meetings commencing at 9:30 a.m. on the fourth Thursday of each
		  month, except for November and December, at various places throughout the
		  state. No regular meeting is held in August. The place and dates of the
		  meetings can be learned by writing or calling the commission clerk at the
		  Olympia office at (360) 753-6770.
(3)
Quorum.
Three members
		  constitute a quorum. The affirmative vote of a majority of those present is
		  action of the commission when there is a quorum at a meeting.
(4)
Executive director.
The
		  executive director is the commission's chief executive. He or she is
		  responsible for carrying out the commission's programs and directing the
		  commission's staff.
(5)
Authority and duty.
It is the commission's duty to administer the
		  law against discrimination,
		  chapter
		  49.60 RCW, which has as
		  its purpose the elimination and prevention of discrimination because of race,
		  creed, color, national origin, sex, marital status, age or handicap. The
		  commission has the authority and duty to, among other things:
(a) Study and report on all things having an
		  impact on human rights;
(b) Make
		  recommendations to the governor, legislature, and agencies of state and local
		  government;
(c) Create advisory
		  agencies and conciliation councils;
(d) In the areas of employment, public
		  accommodations, real property transactions, credit transactions and insurance
		  transactions, initiate, receive and process complaints of unfair practices,
		  hold hearings, issue orders, and seek enforcement of the orders in
		  court.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-024 - Chairperson pro tem

Current through Register Vol. 24-14, July 15, 2024
(1) The
		  commission may designate one of its members as chairperson pro tem for a
		  particular time or for an indefinite time, to serve at the will of the
		  commission. If the commission has not designated a chairperson pro tem and the
		  chairperson is absent from the state, ill, or otherwise unable to carry out the
		  duties of chairperson, then the most senior member of the commission other than
		  the chairperson shall serve as chairperson pro tem until the chairperson is
		  again able to carry out the duties of chairperson.
(2) The chairperson pro tem may exercise all
		  of the powers of the chairperson during the time when the chairperson is
		  absent, ill, or otherwise unable to carry out the duties of
		  chairperson.
Statutory Authority: RCW 42.18.250,
			  49.60.120, and
			  chapter
			  49.60 RCW. 78-02-065
			  (Order 39), §
										162-04-024, filed 1/23/78.
			  Formerly WAC 162-08-024.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-030 - Public access to records

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
		     42.56.070(1) requires the
		  human rights commission to make available for inspection and copying nonexempt
		  "public records" in accordance with published rules. The act defines "public
		  record" at
		  RCW
		     42.56.010(3) 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
		     42.56.010(3) excludes from
		  the definition of "public record" the records of volunteers that are not
		  otherwise required to be retained by the agency and which are held by
		  volunteers who do not serve in an administrative capacity; have not been
		  appointed by the agency to an agency board, commission or internship; and do
		  not have a supervisory role or delegated authority.
(2) The purpose of these rules is to
		  establish the procedures that the human rights commission 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 human rights
		  commission and establish processes for both requestors and human rights
		  commission 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. The act and
		  these rules will be interpreted in favor of disclosure. In carrying out its
		  responsibilities under the act, the human rights commission will be guided by
		  the provisions of the act describing its purposes and interpretation.
Statutory Authority:
			  RCW
			     49.60.120(3). 89-23-019,
			  §
										162-04-030, filed 11/7/89,
			  effective 12/8/89; Order 13, §
										162-04-030, filed
			  2/16/73.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-032 - Agency contact information-Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The
		  human rights commission central office is located at 711 S. Capitol Way, Ste.
		  402, P.O. Box 42490, Olympia, Washington 98504.
(2) The public records officer will oversee
		  compliance with the act but another human rights commission 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 human
		  rights commission will provide full assistance to requestors; create and
		  maintain for use by the public and human rights commission officials an index
		  to public records of the human rights commission (when applicable); ensure that
		  public records are protected from damage or disorganization; and prevent
		  fulfilling public records requests from causing excessive interference with
		  essential functions of the human rights commission.
(3) Any person wishing to request access to
		  public records of the human rights commission, or seeking assistance in making
		  such a request should contact the public records officer designee of the human
		  rights commission:
Records Analyst
Human Rights Commission
711 S. Capitol Way, Ste. 402
P.O. Box 42490
Olympia, WA 98504-2490
360-359-4925
360-586-2282
records@hum.wa.gov
Information is also available at the human rights commission's
			website at
www.hum.wa.gov
.
(4) The human rights commission
		  will provide members of the public with a form to make a public records
		  request. This form is available through the public records officer des-ignee or
		  the website at
www.hum.wa.gov
.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-034 - Processing of public records requests-General

Current through Register Vol. 24-14, July 15, 2024
(1)
Providing "fullest assistance."
The human rights commission is
		  charged by statute with adopting rules which provide for how it will "provide
		  full access to public records"; "protect records from damage or
		  disorganization"; "prevent excessive interference with other essential
		  functions of the agency"; provide "fullest assistance" to requestors; and
		  provide the "most timely possible action" on public records requests. The
		  public records officer or designee will process requests in the order allowing
		  the most requests to be processed in the most efficient manner.
(2) Upon receipt of a request, the public
		  records officer designee will log the text of the request, the name of the
		  requestor, and the date of the request.
(3) The public records officer or designee
		  will evaluate the request according to the nature of the request, volume, and
		  availability of requested records.
(4) Access to public records can be provided
		  by allowing inspection of the record, providing a copy, or posting the record
		  on the human rights commission's website and assisting the requestor with
		  finding it.
(5) A requestor must
		  request an "identifiable record" or "class of records" before the human rights
		  commission must respond to it.
		  RCW
		     42.56.080 and
		  42.56.550(1).
		  An "identifiable record" is one that is existing at the time of the request and
		  which agency staff can reasonably locate. A request for all or substantially
		  all records prepared, owned, used, or retained by an agency is not a valid
		  request for identifiable records.
(6)
Acknowledging receipt of
		  request.
Following the initial evaluation of the request under
		  subsection (3) of this section, and within five business days of receipt of the
		  request, the public records officer or designee will do one or more of the
		  following:
(a) Make the records available for
		  inspection or copying including:
(i) If
		  copies are available on the human rights commission's internet 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 other
		  terms of payment are agreed upon, send the copies to the requestor;
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-035 - Processing of public records requests-Electronic record

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 designee will provide the nonexempt records or portions
		  of such records that are reasonably locatable in an electronic format that is
		  used by the human rights commission 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 WAC
		  162-04-037. The fee schedule is available at 711 S. Capitol Way, Ste. 402, P.O.
		  Box 42490, Olympia, Washington 98504 and
www.hum.wa.gov
.
(3)
Customized electronic access
		  services.
While not required, and with the consent of the requestor, the
		  human rights commission may decide to provide customized electronic access
		  services and assess charges under RCW 42.56.-120 (2)(f). A customized service
		  charge applies only if the human rights commission estimates that the request
		  would require the use of information technology expertise to prepare data
		  compilations, or provide customized electronic access services when such
		  compilations and customized access services are not used by the agency for
		  other purposes. The human rights commission may charge a fee consistent with
		  RCW
		     42.56.120(2)(f) for such
		  customized access.
Statutory Authority:
			  RCW
			     49.60.120(3). 89-23-019,
			  §
										162-04-035, filed 11/7/89,
			  effective 12/8/89.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-036 - 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. The
		  human rights commission will exempt these records from inspection and
		  copying.
(2) The human rights
		  commission is prohibited by statute from disclosing lists of individuals for
		  commercial purposes.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-037 - 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,
		  including inspecting records on the human rights commission's
		  website.
(2)
Statutory
		  default costs.
The human rights commission is not calculating actual
		  costs for copying its records because to do so would be unduly burdensome for
		  the following reasons: Funds were not allocated for performing a study to
		  calculate such actual costs and the human rights commission does not have the
		  resources to conduct a study to determine actual copying costs for all its
		  records; staff resources are insufficient to perform a study and to calculate
		  such actual costs; to conduct such a study would interfere with other essential
		  agency functions; and, through the legislative process, the public and
		  requestors have commented on and been informed of authorized fees and costs
		  provided in the Public Records Act, including
		  RCW
		     42.56.120 and other laws. Therefore, in order
		  to timely implement a fee schedule consistent with the Public Records Act, it
		  is more cost efficient, expeditious and in the public interest for the human
		  rights commission to adopt the state legislature's approved fees and costs for
		  most of the human rights commission's records, as authorized in
		  RCW
		     42.56.120 and as published in the agency's
		  fee schedule.
(3)
Fee
		  schedule.
The fee schedule is available at 711 S. Capitol Way, Ste. 402,
		  P.O. Box 42490, Olympia, Washington 98504 and on the human rights commission's
		  website at
www.hum.wa.gov
.
(4)
Estimate of costs for
		  requestor.
If a requestor asks, the human rights commission will provide
		  a summary of the applicable charges before copies are made, and the requestor
		  may revise the request to reduce the number of copies to be made. The human
		  rights commission will also provide a requestor, in advance, information
		  concerning customized service charges if the request involves customized
		  service.
(5)
Processing
		  payments.
Before beginning to make the copies or processing a customized
		  service, the public records officer or designee may require a deposit of up to
		  ten percent of the estimated costs of copying all the records selected by the
		  requestor. The public records officer or designee may also require the payment
		  of the remainder of the copying costs before providing all the records, or the
		  payment of the costs of copying an installment before providing that
		  installment. The human rights commission will not charge sales tax when it
		  makes copies of public records.
(6)
Costs of mailing.
The human rights commission may also charge
		  actual costs of mailing, including the cost of the shipping
		  container.
(7)
Payment.
Payment may be made by cash, check, or money order to the
		  human rights commission.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-038 - 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 email) 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
		  agency executive director. That person will immediately consider the petition
		  and either affirm or reverse the denial within two business days following the
		  human rights commission's receipt of the petition, or within such other time as
		  the human rights commission and the requestor mutually agree to.
(3)
Review by the attorney general's
		  office.
Pursuant to
		  RCW
		     42.56.530, if the human rights commission
		  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.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-040 - State Environmental Policy Act

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
			RCW
			   43.21C.120 and the SEPA guidelines, chapter
			197-11 WAC, the commission has reviewed its authorized activities and has found
			them all to be exempt under the provisions of chapter 197-11
			WAC.
Statutory Authority:
			  RCW
			  49.60.120(3). 89-23-019,
			  §
										162-04-040, filed 11/7/89,
			  effective 12/8/89; Order 27, §
										162-04-040, filed
			  5/21/76.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-060 - Executive director may delegate duties

Current through Register Vol. 24-14, July 15, 2024
Unless a statute or rule provides otherwise, all duties and
			powers assigned to the executive director may be delegated by the executive
			director to other staff persons of the commission, with the executive director
			remaining responsible. The general practice of the commissioners is to assign
			all staff duties and powers to the executive director, with the understanding
			that the executive director will allocate and reallocate the tasks among the
			staff and see that the tasks are performed.
Statutory Authority:
			  RCW
			  49.60.120(3). 89-23-019,
			  §
										162-04-060, filed 11/7/89,
			  effective 12/8/89; Order 35, §
										162-04-060, filed
			  9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-070 - Executive director may issue opinions

Current through Register Vol. 24-14, July 15, 2024
(1)
Authorization.
The executive
		  director may issue written opinions to persons who request advice as to the
		  application of the law against discrimination or rules or practices of the
		  commission. The opinions shall not be inconsistent with the statute, or the
		  regulations or policies of the commission.
(2)
Review by commission.
The
		  executive director shall send a copy of each opinion to each commissioner
		  before, or promptly after, it is sent to the person requesting it. Any
		  commissioner may have the question of commission approval, disapproval, or
		  revision of an opinion put on the agenda of a commission meeting, and the
		  commission shall then approve, disapprove, or revise the opinion.
(3)
Revocation or revision.
An
		  opinion of the executive director may be revoked or revised at any time by the
		  executive director, or by action of the commissioners at a meeting. The
		  revocation or revision shall not be effective as to the person who requested
		  the opinion until that person has notice of the revocation or
		  revision.
(4)
Supersedure.
An opinion of the executive director is automatically superseded by any
		  material change in the applicable statutes, regulations, or case law. Notice to
		  the person who requested the opinion is not necessary for supersedure under
		  this paragraph.
(5)
Reliance.
When any person has relied in good faith on an opinion of the executive
		  director, the commission will not thereafter assert a contrary position against
		  that person, unless the opinion is revoked or revised, or is superseded by a
		  material change in the applicable statutes, regulations, or case law. This
		  paragraph covers persons other than the person who requested the opinion, if
		  the persons have justifiedly relied on the opinion.
(6)
Subdelegation.
The executive
		  director may authorize members of the commission's staff or the commission's
		  legal counsel to issue opinions in the name of the executive director, subject
		  to the supervision of the executive director, and subject to all of the
		  requirements of this section.
(7)
Authentication.
Nothing shall be an opinion of the executive
		  director for purposes of this section unless it is designated as such in its
		  caption or in its text.
Statutory Authority:
			  RCW
			  49.60.120(3). 89-23-019,
			  §
										162-04-070, filed 11/7/89,
			  effective 12/8/89; Order 35, §
										162-04-070, filed
			  9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-06 - Rules of general application › Section 162-06-010 - Scope of chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter contains rules that apply generally to all of the
			law against discrimination and all of the commission's functions, including the
			matters and functions treated elsewhere in this title.
Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-06-010, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-06 - Rules of general application › Section 162-06-030 - Rulings granting exceptions to rules

Current through Register Vol. 24-14, July 15, 2024
(1)
Reservation of power.
The
		  commission reserves the power to grant exceptions in specific instances to any
		  rule adopted by the commission (that is, to any rule in Title 162
		  WAC).
(2)
Authority to act.
An exception to a rule may be granted only by action of the
		  commissioners.
(3)
Request
		  from person affected.
Any person may request an exception to a
		  commission rule. The request must be in writing and shall be filed with the
		  clerk.
(4)
Contents of
		  request for exception.
A request for exception shall contain the
		  following:
(a) Name of the person making the
		  request;
(b) Identification of the
		  rule from which the exception is requested;
(c) The exception requested;
(d) A statement of the reasons why the
		  exception is requested;
(e) A
		  statement as to whether any person other than the requesting person will be
		  affected by the exception, and, if so, the name and address of each person. If
		  a class of persons is affected, it will be sufficient to name a representative
		  or representatives of the class;
(f) A statement as to whether or not the
		  subject of the request is included in a lawsuit or administrative complaint,
		  and, if so, an identification of the case or cases;
(g) Any other information the requestor
		  wishes to include.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-011 - Scope of rules

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
These rules (chapter 162-08 WAC) shall govern all
			practice and procedure before the commission, including practice before
			administrative law judges.
(2) The
			commission hereby readopts the rules of practice and procedure contained in
			chapter 162-08 WAC, as amended herein, except for WAC 162-08-108, 162-08-111,
			162-08-114, 162-08-116, 162-08-121, 162-08-131, 162-08-135, 162-08-141,
			162-08-151, 162-08-155, 162-08-161, 162-08-171, 162-08-212, 162-08-215,
			162-08-217, 162-08-275, 162-08-278, 162-08-284, 162-08-295, and 162-08-296,
			which are hereby repealed or replaced as shown below.
(3)
Relation to statutes.
These
			rules supplement the statutory procedures in the Administrative Procedure Act,
			chapter
			34.05 RCW, and the law
			against discrimination,
			chapter
			49.60 RCW. Where
			provisions of the law against discrimination are inconsistent with the
			Administrative Procedure Act, the Administrative Procedure Act governs.
			RCW
			   34.05.030(4).
(4)
Amendments apply to pending cases.
An amendment to this chapter applies to cases pending at the time of the
			adoption of the amendment, unless the amendment or rule-making order says that
			it does not apply to pending cases. An amendment to this chapter does not
			require that anything already done be redone to comply with the amendment,
			unless the amendment expressly says so.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-011, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-011, filed 9/2/77; Order
				7, §
											162-08-011, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-013 - Interpretation - Waiver

Current through Register Vol. 24-14, July 15, 2024
(1)
Interpretation.
These rules shall be interpreted liberally to
			promote justice and to facilitate the decision of cases on the
			merits.
(2)
Waiver.
The chairperson of the commission or an administrative law judge, on
			their own initiative or on motion of a party, may waive or alter the procedures
			in any of these rules and may enlarge or shorten the time within which an act
			must be done in a particular case, in order to serve the ends of
			justice.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-013, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-013, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-015 - Sanctions

Current through Register Vol. 24-14, July 15, 2024
(1)
Administrative hearings.
In a case which has been noted for
			hearing the administrative law judge, on his or her own initiative or on motion
			of a party, may order a party or counsel who uses these rules for the purpose
			of delay, or who fails to comply with these rules or other procedures
			previously ordered, to satisfy terms or pay compensatory damages including
			attorney's fees to any other person who has been harmed by the delay or the
			failure to comply. The administrative law judge may condition the right of a
			party to take specific action or raise specific defenses on satisfaction of the
			terms of the order or payment of the damages and attorney's fees. The
			administrative law judge may condition the right of a counsel to participate
			further in the case upon satisfaction of the terms of an order or payment of
			the damages and attorney's fees. The administrative law judge shall incorporate
			in his or her final order any sanctions order which has not been complied with,
			so that the sanctions order may be enforced as provided in
			RCW
			   49.60.260 and
			49.60.270 and appealed from as
			provided in
			RCW
			   34.05.514.
(2)
Other proceedings.
In a
			proceeding not covered by subsection (1) of this section, the chairperson of
			the commission may order a person or counsel who uses these rules for the
			purpose of delay, or who fails to comply with these rules or other procedures
			previously ordered, to satisfy terms, and the chairperson may condition further
			participation in a proceeding on compliance with these rules or orders imposing
			terms, but the chairperson of the commission shall not impose sanctions in the
			form of payment of damages or attorney's fees.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-015, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-015, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-017 - Usage and definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
			Usage. In this chapter, unless the context indicates otherwise, the following
			words are used in the senses here expressed:
"Shall" expresses a
			  command.
"May" expresses permission.
"Will" expresses the future occurrence of an event.
"Must" expresses a requirement that has to be met only if a
			  person chooses to do something which the person is free to do or not to do.
Example
: "A respondent who wishes to raise any matter
			  constituting an avoidance or affirmative defense . . .
must
plead the matter as an affirmative defense . . ."
(2)
Definitions.
In this
			chapter, unless the context indicates otherwise, the following words are used
			in the meaning here given:
"Administrative hearing" means a public hearing
			  brought pursuant to
			  RCW
			     49.60.250.
"Case" means the entire proceeding following from the filing
			  of a complaint under
			  RCW
			     49.60.230.
"Commission" means the Washington state human rights
			  commission as an institution, whether acting through the commissioners, an
			  administrative law judge, the executive director or staff, its legal counsel,
			  or others, except where the context indicates one of the narrower
			  meanings.
"Conciliation" means the process provided in
			  RCW
			     49.60.240 for the elimination by conference,
			  conciliation, and persuasion of an unfair practice after a finding has been
			  made that there is reasonable cause for believing that the unfair practice has
			  been or is being committed.
"Person" has the broad meaning given the word in
			  RCW
			     49.60.040. It includes the
			  commission.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-017, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-017, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-019 - Procedure when none is specified

Current through Register Vol. 24-14, July 15, 2024
(1)
Any orderly procedure.
To
			take care of a problem for which no procedure is specified by this chapter, the
			Administrative Procedure Act,
			chapter
			34.05 RCW, or the law
			against discrimination,
			chapter
			49.60 RCW, any orderly
			procedure may be used. Appropriate procedures may be taken from the Washington
			civil rules for superior courts, the federal rules of civil procedure, or the
			rules of other administrative agencies of the state of Washington or of the
			United States.
(2)
By
			chairperson.
The chairperson of the commission or an administrative law
			judge may specify the procedure to be used to dispose of any matter not covered
			by this chapter, or any matter covered by a rule that has been waived or
			altered in the interest of justice under authority of WAC
			162-08-013.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-019, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-019, filed
				9/2/77.