reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-200 - The arbitration decision

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 arbitration board shall issue the decision in each case to the Lemon Law
			 administration within sixty calendar days of receipt of the request for
			 arbitration:
(a) All decisions shall be
			 written, in a form to be provided by the Lemon Law administration, dated and
			 signed by the arbitrator, and sent by certified mail to the parties;
(b) The date on which the board provides the
			 arbitration decision to the Lemon Law administration shall determine compliance
			 with the sixty day requirement to issue an arbitration decision;
(c) The written decision shall contain
			 findings of fact and conclusions of law as to whether the motor vehicle meets
			 the statutory standards for refund or replacement;
(i) If the consumer prevails and has elected
			 repurchase of the vehicle, the decision shall include the statutory
			 calculations used to determine the monetary award;
(ii) If the consumer prevails and has elected
			 replacement of the vehicle, the decision shall identify or describe a
			 reasonably equivalent replacement vehicle and any refundable incidental
			 costs;
(iii) If the consumer
			 prevails and the manufacturer and the consumer have been represented by
			 counsel, the decision shall include a description of the awarded reasonable
			 costs and attorneys' fees incurred by the consumer in connection with board
			 proceedings.
Reasonable costs and attorneys' fees shall be determined by the
				arbitrator based on an affidavit of costs and fees prepared by the consumer's
				attorney and submitted no later than the conclusion of the arbitration hearing.
				The affidavit may be amended for post-hearing costs and fees. The amended
				affidavit of costs and fees must be delivered to the manufacturer's designated
				representative by certified mail or personal service and a copy submitted to
				the Lemon Law administration by the consumer's attorney within thirty days of
				the consumer's acceptance of the decision but in no case after a manufacturer's
				compliance with a decision;
(d) Upon receipt of the board's decision, the
			 Lemon Law administration will distribute it to the parties by email or standard
			 U.S. mail.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-210 - Technical corrections

Current through Register Vol. 24-14, July 15, 2024
(1) The board or the Lemon Law administration program manager
				may make "technical corrections" to an arbitration decision. "Technical
				corrections" shall generally be defined as computational corrections,
				typographical corrections, or other minor corrections.
(2) A party may submit a written request for technical
				corrections to the Lemon Law administration setting forth the requested
				correction(s) and reason(s). Such request must be received within ten calendar
				days of the party's receipt of the decision.
Statutory Authority:
				  RCW 19.118.080(2),
				  19.118.061. 02-12-093, §
										44-10-210, filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-210, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.080(2) and (7).
				  88-04-081 (Order 88-2), §
										44-10-210, filed
				  2/3/88.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-221 - Resale documents - Attorney general procedures

Current through Register Vol. 24-14, July 15, 2024
(1) When a vehicle has been determined by the new motor vehicle
				arbitration board, or has been adjudicated in a superior or appellate court of
				this state, as having one or more nonconformities or serious safety defects
				that have been subject to a reasonable number of attempts by the manufacturer
				to conform the vehicle to the warranty:
(a) The Lemon Law administration will provide the manufacturer
				with the "Lemon Law resale documents" necessary to resell or otherwise transfer
				the vehicle together with instructions regarding compliance with
				RCW   19.118.061 and applicable rules;
(b) The Lemon Law administration will provide the manufacturer
				with the required documents by certified mail at the conclusion of the period
				pursuant to
				RCW   19.118.090(9) for a
				manufacturer to file an appeal or upon notice from the manufacturer of receipt
				of the vehicle, whichever occurs first.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-222 - Manufacturer duties upon receipt of a returned vehicle

Current through Register Vol. 24-14, July 15, 2024
The manufacturer must:
(1) Notify the Lemon Law administration and the department of
				licensing upon receipt of the vehicle from the consumer due to a determination,
				adjudication or settlement pursuant to chapter 19.118 RCW and chapter 44-10 WAC.
(2) Correct and warrant a serious safety defect and execute the
				appropriate section of the Lemon Law resale documents identifying corrections
				made to serious safety defect and nonconformities.
(3) Within sixty days of receipt of the vehicle submit a title
				application identifying corrections made to serious safety defect and
				nonconformities to the department of licensing in this state for title to the
				motor vehicle.
(4) Attach the "Lemon law resale windshield display," as
				provided by the Lemon Law administration, to the lower center of the front
				windshield or window on the driver's side of the vehicle in a manner so as to
				be readily visible from the exterior of the vehicle.
Statutory Authority:
				  RCW 19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-222, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-222,
				  filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-222, filed 1/24/96, effective
				  2/24/96.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-223 - Manufacturer, transferor and dealer duties prior to resale of a returned vehicle

Current through Register Vol. 24-14, July 15, 2024
After the manufacturer's receipt of a vehicle and prior to
				first subsequent retail transfer, sale or lease of a vehicle subject to the
				requirements of
				RCW   19.118.061:
(1) The manufacturer, agent or new motor vehicle dealer with
				actual knowledge of a determination, adjudication or settlement must deliver
				the Lemon Law resale documents with the vehicle to a wholesale or retail buyer,
				or transferor.
(2) The buyer or transferor should sign and date the
				acknowledgement of receipt of the Lemon Law resale documents on the "Lemon Law
				resale disclosure" in each wholesale transaction.
(3) An intervening transferor who receives the "Lemon Law
				resale disclosure" or "notice of correction and warranty" is prohibited from
				transferring, selling, or leasing the vehicle without delivery of the "Lemon
				Law resale disclosure" and any "notice of correction and warranty" with the
				vehicle to the next transferor, purchaser or lessee.
(4) The "Lemon Law resale windshield display" can only be
				removed by the first subsequent retail purchaser or lessee of the motor vehicle
				who has signed the Lemon Law resale disclosure form.
Statutory Authority:
				  RCW 19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-223, filed 1/24/96, effective
				  2/24/96.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-235 - Substitute resale disclosure forms

Current through Register Vol. 24-14, July 15, 2024
(1) A manufacturer may submit to the attorney general for
				approval a proposed substitute form(s) for the consumer disclosure notice and
				certification of repair and warranty as required for resale of a
				vehicle.
(2) A substitute form must include:
(a) A disclosure that the manufacturer was required to
				repurchase or replace the vehicle from the previous owner pursuant to the Motor
				Vehicle Warranties Act, chapter 19.118 RCW, due to specified defects,
				conditions, or serious safety defects in the vehicle;
(b) A certification of repair and warranty for at least twelve
				months or twelve thousand miles, whichever occurs first, of any representation
				of correction or repair for each defect, condition, or serious safety
				defect;
(c) A disclosure that the title of ownership issued by the
				department of licensing will have permanent notations that the vehicle was
				returned pursuant to chapter 19.118 RCW and which will indicate whether or not
				the defect or condition has been corrected by the manufacturer;
(d) Directions for the distribution of the form copies and that
				the substitute form must be signed by the subsequent retail purchaser;
(e) A copy of the substitute form which is to be provided to
				the subsequent retail purchaser;
(f) Two copies of the substitute form which are to be
				immediately sent to the attorney general and the department of licensing upon
				retail sale of the vehicle.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-240 - Warranty period for certificate of correction and warranty

Current through Register Vol. 24-14, July 15, 2024
Any warranty of a correction of a defect issued pursuant to the
				provisions of
				RCW   19.118.061 shall be for not less than one
				year from the date of resale or an additional twelve thousand miles from the
				date of resale, whichever occurs first.
Statutory Authority:
				  RCW 19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-240, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.061 and
				  19.118.080. 88-09-064 (Order
				  88-5), §
										44-10-240, filed
				  4/20/88.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-300 - Imposition of fine for manufacturer noncompliance with an arbitration decision

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW   19.118.090, the Lemon Law administration
				program manager may impose a fine against a manufacturer if, after forty
				calendar days from the manufacturer's receipt of notice of consumer's
				acceptance of an arbitration decision, the manufacturer has not complied with
				the decision, notwithstanding any arbitration special master hearing or
				findings. Notice of the imposition of fine shall be to the manufacturer by
				certified mail, e-mail if requested by the manufacturer or personal
				service.
(2) A fine against the manufacturer for noncompliance may be
				imposed according to the following schedule for each day after the forty day
				calendar period:
DAYS 1 THROUGH 10 . . . . . . . . . . . . $ 300.00 PER
				DAY
DAYS 11 THROUGH 20 . . . . . . . . . . . . $ 500.00 PER
				DAY
DAYS 21 THROUGH 30 . . . . . . . . . . . . $ 700.00 PER
				DAY
DAYS 31 AND ON . . . . . . . . . . . . $1000.00 PER DAY
The foregoing fines shall accrue until the manufacturer
				complies or until one hundred thousand dollars has accrued, whichever occurs
				first.
Statutory Authority:
				  RCW 19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-300, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-300,
				  filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-300, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.080 and
				  19.118.090(7).
				  91-02-080, §
										44-10-300, filed 12/31/90, effective 1/31/91. Statutory
				  Authority:
				  RCW   19.118.061 and
				  19.118.080. 89-06-025 (Order
				  89-1), §
										44-10-300, filed
				  2/24/89.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › INTRODUCTORY COMMENTS › Section 44-14-00001 - Statutory authority and purpose

Current through Register Vol. 24-14, July 15, 2024
The legislature directed the attorney general to adopt advisory
				  model rules on public records compliance and to revise them from time to time.
				  RCW
				    42.56.570(2) and (3). The
				  purpose of the model rules is to provide information to records requestors and
				  state and local agencies about "best practices" for complying with the Public
				  Records Act, chapter 42.56 RCW ("PRA" or "act"). The overall goal of the model
				  rules is to establish a culture of compliance among agencies and a culture of
				  cooperation among requestors by standardizing best practices throughout the
				  state. The attorney general encourages state and local agencies to adopt the
				  model rules (but not necessarily the comments) by regulation or ordinance. The
				  act provides that local agencies should consult the model rules when establishing
				  local ordinances implementing the act.
				  RCW
				    42.56.570(4). The act further
				  provides that public records officer training must be consistent with the model
				  rules.
				  RCW
				    42.56.152(3).
The act applies to all state agencies and local units of
				  government. The model rules use the term "agency" to refer to either a state or
				  local agency. Upon adoption, each agency would change that term to name itself
				  (such as changing references from "name of agency" to "city"). To assist state
				  and local agencies considering adopting the model rules, an electronic version of
				  the rules is available on the attorney general's web site,
http://www.atg.wa.gov/model-rules-public-disclosure
.
The initial model rules in 2006-2007 were the product of an
				  extensive outreach project. The attorney general held thirteen public forums all
				  across the state to obtain the views of requestors and agencies. Many requestors
				  and agencies also provided detailed written comments . The model rules reflect
				  many of the points and concerns presented in those forums. For the model rules
				  updates in 2018, the attorney general considered case law and legislative
				  developments since 2006-2007. The attorney general sought additional comments
				  from requestors, agencies, and others.
The model rules provide one approach (or, in some cases,
				  alternate approaches) to processing public records requests. Agencies vary
				  enormously in size, resources, and complexity of requests received. Any
				  "one-size-fits-all" approach in the model rules, therefore, may not be best for
				  requestors and agencies.1
Note:
1See also
Hearst v.
						  Hoppe
, 90 Wn.2d 123, 580 P.2d 246 (1978) (agencies "are afforded some
						  discretion concerning the procedures whereby agency information is made
						  available.")
Statutory Authority: 2005 c 483 § 4,
					 RCW   42.17.348. 06-04-079, §
											44-14-00001,
					 filed 1/31/06, effective 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › INTRODUCTORY COMMENTS › Section 44-14-00002 - Format of model rules

Current through Register Vol. 24-14, July 15, 2024
The model rules are published with comments. The comments have
				  five-digit WAC numbers such as WAC
				  44-14-04001. The model
				  rules themselves have three-digit WAC numbers such as WAC
				  44-14-040.
The comments are designed to explain the basis and rationale
				  for the rules themselves as well as provide broader context and legal guidance.
				  To do so, the comments contain many citations to statutes, cases, and formal
				  attorney general opinions. Agencies are encouraged to consult
				  them.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-00002, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › INTRODUCTORY COMMENTS › Section 44-14-00003 - Model rules and comments are nonbinding

Current through Register Vol. 24-14, July 15, 2024
The model rules, and the comments accompanying them, are
				  advisory only and do not bind any agency. Accordingly, many of the comments to
				  the model rules use the word "should" or "may" to describe what an agency or
				  requestor is encouraged to do. The use of the words "should" or "may" are
				  permissive, not mandatory, and are not intended to create any legal duty.
The model rules and comments are a useful guide in fulfilling
				  the requirement to publish procedures and rules for making records available for
				  inspection and copying.
				  RCW
				    42.56.040,
				  42.56.070(1),
				  and WAC
				  44-14-01002.
				  While the model rules and comments are nonbinding, they should be carefully
				  considered by requestors and state agencies. Local agencies should consider them
				  in establishing local ordinances implementing the act.
				  RCW
				    42.56.570. The Washington courts have also
				  considered the model rules in several appellate
				  decisions.1
Note:
1 See, e.g.,
Mechling v.
						  City of Monroe
, 152 Wn. App. 830, 222 P.3d 808 (2009);
Mitchell
						  v. Washington State Dep't of Corr.
, 164 Wn. App. 597, 277 P.3d 670
						  (2011);
Rental Hous. Ass'n of Puget Sound v. City of Des Moines
,
						  165 Wn.2d 525, 199 P.3d 393 (2009).
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-00003, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › INTRODUCTORY COMMENTS › Section 44-14-00004 - Recodification of the act

Current through Register Vol. 24-14, July 15, 2024
On July 1, 2006, the act was recodified from chapter 42.17 to
				  42.56 RCW, and titled the "Public Records Act." The recodification did not change
				  substantive law. The initial model rules and older court decisions referred to
				  the prior codification numbers in chapter 42.17 RCW. A recodification conversion
				  chart (from chapter 42.17 to 42.56 RCW) is on the attorney general's office web
				  site at
http://www.atg.wa.gov/model-rules-public-disclosure
.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-00004, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › INTRODUCTORY COMMENTS › Section 44-14-00005 - Training is required

Current through Register Vol. 24-14, July 15, 2024
The act is complicated, and compliance requires training.
				  Training on the act is required for local elected officials, statewide elected
				  officials, persons appointed to fill vacancies in a local or statewide office,
				  and public records officers.
				  RCW
				    42.56.150; 42.56.152. Public records officers
				  must also receive training on electronic records.
				  RCW
				    42.56.152(5). All agency
				  employees should receive basic training on public records compliance and records
				  retention; public records officers should receive more intensive training.
				  Agencies are encouraged to document training for persons required to receive
				  training. The attorney general's office has training resources including sample
				  training documentation forms available on its web site at
http://www.atg.wa.gov/OpenGovernmentTraining.aspx
.
				  Training can be the difference between a satisfied requestor and expensive
				  litigation. The courts can consider lack of training as a penalty factor in
				  actions filed under
				  RCW
				    42.56.550, the act's enforcement
				  provision.1
Note:
1
Yousoufian v. Office of
						  Ron Sims
, 168 Wn.2d 444, 229 P.3d 738 (2010).
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-00005, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › INTRODUCTORY COMMENTS › Section 44-14-00006 - Additional resources

Current through Register Vol. 24-14, July 15, 2024
Several web sites provide information on the act. The attorney
				  general office's web site on public records is
http://www.atg.wa.gov/obtaining-records
,
				  which also includes a link to an
Open Government Resource
				  Manual
. The municipal research and services center, an entity serving
				  local governments, provides public records resources on its web site at
http://mrsc.org/Home.aspx
. A
				  requestor's organization, the Washington Coalition for Open Government, has
				  materials on its web site at
www.washingtoncog.org
. The Washington
				  Association of Public Records Officers has resources for public records officers
				  on its web site at http://wapro.memberclicks.net.
More materials are available from other organizations such as
				  the Washington State Bar Association.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-00006, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › AUTHORITY AND PURPOSE › Section 44-14-010 - 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" 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.
				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 (name of agency) 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 (name of agency)
				and establish processes for both requestors and (name of agency) 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
				(name of agency) will be guided by the provisions of the act describing its
				purposes and interpretation.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-010, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-010 › Section 44-14-01002 - Requirement that agencies adopt reasonable regulations for public records requests

Current through Register Vol. 24-14, July 15, 2024
The act provides that state agencies are to publish a rule in
				  the Washington Administrative Code (WAC) and local agencies are to make publicly
				  available at the central office guidance for the public that includes where the
				  public may obtain information and make submittals and requests.
				  RCW
				    42.56.040.
The act provides: "Agencies shall adopt and enforce reasonable
				  rules and regulations... to provide full public access to public records, to
				  protect public records from damage or disorganization, and to prevent excessive
				  interference with other essential functions of the agency.... Such rules and
				  regulations shall provide for the fullest assistance to inquirers and the most
				  timely possible action on requests for information."RCW
				    42.56.100. Therefore, an agency must adopt
				  "reasonable" regulations providing for the "fullest assistance" to requestors and
				  the "most timely possible action on requests."1
At the same time, an agency's regulations must "protect public
				  records from damage or disorganization" and "prevent excessive interference" with
				  other essential agency functions. Another provision of the act states that
				  providing public records should not "unreasonably disrupt the operations of the
				  agency."RCW
				    42.56.080. This provision allows an agency to
				  take reasonable precautions to prevent a requestor from being unreasonably
				  disruptive or disrespectful to agency staff.
The courts have held that the act requires strict compliance
				  with its procedural provisions, but also that reasonable procedures will be
				  sustained.2
Notes:
1
Andrews v. Washington
						  State Patrol
, 183 Wn .App. 644, 334 P.3d 94 (2014) (Court of Appeals
						  recognized that agencies must provide fullest assistance to requestors, but also
						  that "a flexible approach" that focuses on the thoroughness and diligence of an
						  agency's response is most consistent with the concept of "fullest assistance.")
2
Zink v. City of
						  Mesa
, 140 Wn. App. 328, 166 P.3d 738 (2007);
Parmelee v.
						  Clarke
, 148 Wn. App. 748, 201 P.3d 1022 (2008).
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-01002, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › AGENCY DESCRIPTION - CONTACT INFORMATION - PUBLIC RECORDS OFFICER › Section 44-14-020 - Agency description-Contact information-Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The (name of agency) (describe services
				provided by agency). The (name of agency's) central office is located at
				(describe). The (name of agency) has field offices at (describe, if
				applicable).
(2) Any person wishing
				to request access to public records of (agency), or seeking assistance in making
				such a request should contact the public records officer of the (name of agency):
Public Records Officer
(Agency)
(Address)
(Telephone number)
(fax number if relevant)
(email)
Information is also available at the (name of agency's) web
				  site at (web site address).
(3) The public records officer will oversee
				compliance with the act but another (name of agency) 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 (name of agency) will
				provide the "fullest assistance" to requestors; create and maintain for use by
				the public and (name of agency) officials an index to public records of the (name
				of agency, if 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 (name of
				agency).
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-020, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-020 › Section 44-14-02001 - Agency must publish its procedures

Current through Register Vol. 24-14, July 15, 2024
An agency must publish its public records policies,
				  organizational information, and methods for requestors to obtain public records.
				  RCW
				    42.56.040(1).1
A state agency must publish its procedures in the Washington
				  Administrative Code and a local agency must prominently display and make them
				  available at the central office of such local agency.
				  RCW
				    42.56.040(1). An agency should
				  post its public records rules on its web site. An agency cannot invoke a
				  procedure if it did not publish or display it as required (unless the party had
				  actual and timely notice of its contents).
				  RCW
				    42.56.040(2).
Note:
1See, e.g., WAC
						  44-06-030
						  (attorney general's office organizational and public records methods statement);
						  WAC
						  388-01-020
						  (department of social and health services organizational structure rule); City of
						  Kirkland Public Records Act Rule 020 available at
						  http://www.kirklandwa.gov/depart/Finance_and_Administrati
						  on/Public_Records/Public_Records_Request.htm (agency description).
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-02001, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-020 › Section 44-14-02002 - Public records officers

Current through Register Vol. 24-14, July 15, 2024
An agency must appoint a public records officer whose
				  responsibility is to serve as a "point of contact" for members of the public
				  seeking public records.
				  RCW
				    42.56.580(1). The purpose of
				  this requirement is to provide the public with one point of contact within the
				  agency to make a request. A state agency must provide the public records
				  officer's name and contact information by publishing it in the state register.
				  RCW
				    42.56.580(2). A state agency
				  is encouraged to provide the public records officer's contact information on its
				  web site. A local agency must publish the public records officer's name and
				  contact information in a way reasonably calculated to provide notice to the
				  public, such as posting it on the agency's web site.
				  RCW
				    42.56.580(3).
The public records officer is not required to personally
				  fulfill requests for public records. A request can be fulfilled by an agency
				  employee other than the public records officer. If the request is made to the
				  public records officer, but should actually be fulfilled by others in the agency,
				  the public records officer should route the request to the appropriate person or
				  persons in the agency for processing. An agency is not required to hire a new
				  staff member to be the public records officer.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-02002, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-030 › Section 44-14-03002 - Times for inspection and copying of records

Current through Register Vol. 24-14, July 15, 2024
An agency must make records available for inspection and
				  copying for a minimum of thirty hours per week (except for weeks that include
				  state legal holidays) during the "customary office hours of the agency."RCW
				    42.56.090. If the agency is very small and does
				  not have customary office hours of at least thirty hours per week, and while the
				  act does not specify a particular schedule, making the records available from
				  9:00 a.m. to noon, and 1:00 p.m. to 4:00 p.m. satisfies the thirty-hour
				  requirement. The agency and requestor can make mutually agreeable arrangements
				  for the times of inspection and copying.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-03002, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-030 › Section 44-14-03003 - Index of records

Current through Register Vol. 24-14, July 15, 2024
State and local agencies are required by
				  RCW
				    42.56.070 to provide an index for certain
				  categories of records. An agency is not required to index every record it
				  creates. Since agencies maintain records in a wide variety of ways, agency
				  indices will also vary. An agency cannot use, rely on, or cite to as precedent a
				  public record unless it was indexed or made available to the parties affected by
				  it.
				  RCW
				    42.56.070(6). An agency should
				  post its index on its web site.
The index requirements differ for state and local
				  agencies.
A state agency must index only two categories of
				  records:
(1) All records, if any, issued
				before July 1, 1990 for which the agency has maintained an index; and
(2) Final orders, declaratory orders,
				interpretive statements, and statements of policy issued after June 30, 1990.
				RCW
				  42.56.070(5).
A state agency must adopt a rule governing its index.
A local agency may opt out of the indexing requirement if it
				  issues a formal order specifying the reasons why doing so would "unduly burden or
				  interfere with agency operations."RCW
				    42.56.070(4)(a). To lawfully
				  opt out of the index requirement, a local agency must actually issue an order or
				  adopt an ordinance specifying the reasons it cannot maintain an index.
The index requirements of the act were enacted in 1972 when
				  agencies had far fewer records, the vast majority of records were paper, and an
				  index was easier to maintain. However, technology allows agencies to map out,
				  archive, and then electronically search for electronic documents. Agency
				  resources vary greatly so not every agency can afford to utilize this technology.
				  However, agencies should explore the feasibility of electronic indexing and
				  retrieval to assist both the agency and requestor in locating public records.
				  Agencies could also consider using their records retention schedules as their
				  index, or direct requestors to the schedules as a way to describe the types of
				  records an agency retains and for what periods of time. See chapter 40.14 RCW and
				  WAC
				  44-14-03005.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-03003, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › PROCESSING OF PUBLIC RECORDS REQUESTS - GENERAL › Section 44-14-040 - Processing of public records requests-General

Current through Register Vol. 24-14, July 15, 2024
(1)
Providing "fullest
				assistance."
The (name of agency) 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 (name of agency) will assign it a tracking number and log it
				in.
(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)
Acknowledging receipt of
				request.
Following the initial evaluation of the request under (3) of this
				subsection, and within five business days1 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 including:
(i) If copies are
				available on the (name of agency's) internet web site, provide an internet
				address and link on the web site 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 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments on WAC 44-14-040 › Section 44-14-04006 - Closing request and documenting compliance

Current through Register Vol. 24-14, July 15, 2024
(1)
Fulfilling request and closing letter.
A records request has been
				fulfilled and can be closed when a requestor has inspected all the requested
				records, all copies have been provided, a web link has been provided (with
				assistance from the agency in finding it, if necessary), an entirely unclear
				request has not been clarified, a request or installment has not been claimed or
				reviewed, or the requestor cancels the request. An agency should provide a
				closing letter stating the scope of the request and memorializing the outcome of
				the request. A closing letter may not be necessary for smaller requests, or where
				the last communication with the requestor established that the request would be
				closed on a date certain. The outcome described in the closing letter might be
				that the requestor inspected records, copies were provided (with the number range
				of the stamped or labeled records, if applicable), the agency sent the requestor
				the web link, the requestor failed to clarify the request, the requestor failed
				to claim or review the records within thirty days, or the requestor canceled the
				request. The closing letter should also ask the requestor to promptly contact the
				agency if he or she believes additional responsive records have not been
				provided.
(2)
Returning
				assembled records.
An agency is not required to keep assembled records set
				aside indefinitely. This would "unreasonably disrupt" the operations of the
				agency.
				RCW
				  42.56.080. After a request has been closed, an
				agency should return the assembled records to their original locations. Once
				returned, the records are no longer subject to the prohibition on destroying
				records scheduled for destruction under the agency's retention schedule.
				RCW
				  42.56.100.
(3)
Retain copy of records
				provided.
In some cases, particularly for commonly requested records, it
				may be wise for the agency to keep a separate copy of the records it copied and
				provided in response to a request. A growing number of requests are for a copy of
				the records provided to another requestor, which can easily be fulfilled if the
				agency retains a copy of the records provided to the first requestor. The copy of
				the records provided should be retained for the period of time consistent with
				the agency's retention schedules for records related to disclosure of
				documents.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-04006, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments on WAC 44-14-040 › Section 44-14-04007 - Later-discovered records

Current through Register Vol. 24-14, July 15, 2024
An agency has no obligation to search for records responsive
				  to a closed request. Sometimes an agency discovers responsive records after a
				  request has been closed. An agency should provide the later-discovered records
				  to the requestor.
Statutory Authority: 2005 c 483 § 4, RCW 42.17.348.
					 06-04-079, §
											44-14-04007, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › PROCESSING OF PUBLIC RECORDS REQUESTS - ELECTRONIC RECORDS › Section 44-14-050 - 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 (name of agency) 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
				RCW   42.56.120 and
				42.56.130.
				The fee schedule is available at (agency address and web site address).
(3)
Customized electronic access
				services.
While not required, and with the consent of the requestor, the
				(name of agency) 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 (name of agency) 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 (name of agency) may charge a fee consistent with
				RCW
				  42.56.120(2)(f) for such
				customized access. The fee schedule is available at (agency address and web site
				address).
Statutory Authority: 2005 c 483 § 4, amending
					 RCW   42.56.570. 07-13-058, §
											44-14-050, filed
					 6/15/07, effective 7/16/07. Statutory Authority: 2005 c 483 § 4, RCW   42.17.348. 06-04-079, §
											44-14-050, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-050 › Section 44-14-05003 - Parties should confer on technical issues

Current through Register Vol. 24-14, July 15, 2024
Technical reasonableness and feasibility can vary from request
				  to request. When a request for electronic records involves technical issues, the
				  best approach is for both parties to confer and cooperatively resolve them. Often
				  a telephone conference will be sufficient. This approach is consistent with the
				  requirement that agencies provide the "fullest assistance" to a requestor.
				  RCW
				    42.56.100 and WAC
				  44-14-04003(2).
				  Furthermore, if a requestor files an enforcement action under the act to obtain
				  the records, the burden of proof is on the agency to justify its refusal to
				  provide the records.
				  RCW
				    42.56.550(1). If the requestor
				  articulates a reasonable technical alternative to the agency's refusal to provide
				  the records electronically or in the requested format, and the agency never
				  offered to confer with the requestor, the agency will have difficulty proving
				  that its refusal was justified.
Statutory Authority: 2005 c 483 § 4, amending
					 RCW   42.56.570. 07-13-058, §
											44-14-05003,
					 filed 6/15/07, effective 7/16/07.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-050 › Section 44-14-05004 - Customized access

Current through Register Vol. 24-14, July 15, 2024
When locating the requested records or translating them into
				  the requested format cannot be done without specialized programming,
				  RCW
				    42.56.120(3) authorizes
				  agencies to assess a customized service charge if the agency estimates that the
				  request would require 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
				  business purposes.
Most public records requests for electronic records can be
				  fulfilled based on the "reasonably locatable" and "reasonably translatable"
				  standards. Resorting to customized access should not be the norm. An example of
				  where "customized access" would be appropriate is if a state agency's old
				  computer system stored data in a manner in which it was impossible to extract the
				  data into comma-delimited or tab-delimited formats, but rather required a
				  programmer to spend more than a nominal amount of time to write computer code
				  specifically to extract it. Before resorting to customized access, the agency
				  should confer with the requestor to determine if a technical solution exists not
				  requiring the specialized programming. An agency must notify the requestor to
				  provide an explanation of the service charge including why it applies, a
				  description of the specific expertise, and a reasonable estimate of the cost of
				  the charge. The notice must also provide the requestor the opportunity to amend
				  his or her request in order to avoid or reduce the customized service charge.
				  RCW
				    42.56.120(3).
Statutory Authority: 2005 c 483 § 4, amending
					 RCW   42.56.570. 07-13-058, §
											44-14-05004,
					 filed 6/15/07, effective 7/16/07.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-050 › Section 44-14-05005 - Relationship of Public Records Act to court rules on discovery of "electronically stored information"

Current through Register Vol. 24-14, July 15, 2024
The Federal Rules of Civil Procedure provide guidance to
				  parties in litigation on their respective obligations to provide access to, or
				  produce, "electronically stored information." See Federal Rules of Civil
				  Procedure 26 and 34. The obligations of state and local agencies under those
				  federal rules (and under any state-imposed rules or procedures that adopt the
				  federal rules) to search for and provide electronic records may be different, and
				  in some instances more demanding, than those required under the Public Records
				  Act. The federal discovery rules and the Public Records Act are two separate laws
				  imposing different standards. However, sometimes requestors make public records
				  requests to obtain evidence that later may be used in non-Public Records Act
				  litigation against the agency providing the records. Therefore, it may be prudent
				  for agencies to consult with their attorneys regarding best practices of
				  retaining copies of the records provided under the act so there can be no
				  question later of what was and what was not produced in response to the request
				  in the event that electronic records, or records derived from them, become issues
				  in court.
Statutory Authority: 2005 c 483 § 4, amending
					 RCW   42.56.570. 07-13-058, §
											44-14-05005,
					 filed 6/15/07, effective 7/16/07.