Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments on WAC 44-14-040 › Section 44-14-04005 - Inspection of records

Current through Register Vol. 24-14, July 15, 2024
(1)
Obligation
				of requestor to claim or review records.
After the agency notifies the
				requestor that the records or an installment of them is ready for inspection or
				copying, the requestor must claim or review the records or the installment.
				RCW   42.56.120.
				If the requestor cannot claim or review the records him or herself, a
				representative may do so within the thirty-day
				period.1 Other arrangements can be mutually agreed to
				between the requestor and the agency.
If a requestor fails to claim or review the records or an
				  installment after the expiration of thirty days, an agency is authorized to stop
				  assembling the remainder of the records or making copies.
				  RCW   42.56.120.
				  If the request is abandoned, the agency is no longer bound by the records
				  retention requirements of the act prohibiting the scheduled destruction of a
				  requested record.
				  RCW
				    42.56.100.
If a requestor fails to claim or review the records or any
				  installment of them within the thirty-day notification period, the agency may
				  close the request and refile the records. Thirty days has been considered a
				  reasonable time frame within which to claim or review records, but an agency may
				  establish procedures that allow for a longer period. If a requestor who has
				  failed to claim or review the records then requests the same or almost identical
				  records again, the agency, which has the flexibility to prioritize its responses
				  to be most efficient to all requestors, can process the repeat request for the
				  nowrefiled records as a new request after other pending requests.
(2)
Time, place, and
				conditions for inspection.
Inspection should occur at a time mutually
				agreed (within reason) by the agency and requestor. An agency should not limit
				the time for inspection to times in which the requestor is unavailable.
				Requestors cannot dictate unusual times for inspection. The agency is only
				required to allow inspection during the agency's customary office hours. RCW
				42.56.-090. Often an agency will provide the records in a conference room or
				other office area.
The inspection of records cannot create "excessive
				  interference" with the other "essential functions" of the agency.
				  RCW
				    42.56.100. Similarly, copying records at agency
				  facilities cannot "unreasonably disrupt" the operations of the agency.
				  RCW
				    42.56.080.
An agency may have an agency employee observe the inspection or
				  copying of records by the requestor to ensure they are not altered, destroyed,   disorganized, or removed.
				  RCW
				    42.56.100. A requestor cannot alter, mark on,
				  or destroy an original record during inspection. To select a paper record for
				  copying during an inspection, a requestor must use a nonpermanent method such as
				  a removable adhesive note or paper clip.
Inspection times can be broken down into reasonable segments
				  such as half days. However, inspection times cannot be broken down into
				  unreasonable segments to either harass the agency or delay access to the timely
				  inspection of records.
Note:
1See, e.g., WAC
						  296-06-120 (department
						  of labor and industries provides thirty days to claim or review records).
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-04005, filed 1/31/06, effective
					 3/3/06.