Washington Administrative Code

(1) Providing "fullest assistance." By statute, ELUHO must adopt 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 "…

(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 none…

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. (2) ELUHO incorporates by reference the exemptions to t…

(1) There is no fee for inspecting public records. ELUHO may charge for providing public records or waive charges for providing public records. ELUHO will charge using the fees listed under RCW 42.56.120 and will maintain a fee schedule on its website.(2) There will be no charge …

(1) Review by the attorney general's office. Pursuant to RCW 42.56.530, if ELUHO denies access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may ask the attorney general's office to review the matter. The attorney gene…

(1) These rules establish the procedures DES will follow in order to provide full access to public records.These rules (a) provide information to persons wishing to request DES public records and (b) establish processes for both requestors and DES staff to fully assist the public…

The definitions set forth in RCW 42.56.010 apply throughout this chapter. In addition, the definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commercial purposes" means a business activity by any form of business enterpris…

Headquartered in Olympia and located in the 1500 Jefferson Building, 1500 Jefferson, Olympia, Washington, DES employs people, maintains service locations, and staffs major field offices in Olympia, across the state, and in Idaho. Contact and location information and the agency or…

(1) The public records officer is appointed by the director and is located in the Olympia office.(2) The public records officer is in charge of the DES public records program. The public records officer is responsible for:(a) Overseeing compliance with the Public Records Act;(b) …

(1) Publicly available web records.Before submitting a PRR, persons seeking DES public records are strongly encouraged to first review the DES website at www.des.wa.gov.Another website, data.wa.gov, offers data collected from a variety of government agencies. This website provide…

(1) DES shall respond promptly to requests for records made under the Public Records Act. Within five business days of receiving a PRR, DES will log the request and assign the request a tracking number. The public records officer will evaluate the request according to the nature …

(1) A requestor must notify DES in advance of their intent to inspect public records. Using the tracking ID that DES assigns to each public records request, a requestor must identify with specificity and in advance, the records the requestor wishes to inspect. DES will assist the…

(1) DES will maintain its records in a reasonably organized manner. DES will take reasonable measures to protect records from damage and disorganization. If DES records are maintained in a digital format, they will be provided digitally in response to a PRR. If records are mainta…

(1) When a response to a public records request is complex or involves a large number of records, the public records officer may provide access for inspection and copying in installments pursuant to RCW 42.56.080.(2) The requestor will be notified when an installment is ready for…

(1) The process for requesting electronic public records is the same as for requesting paper public records.(2) When a requestor requests records in an electronic format, the public records officer will provide available nonexempt electronic public records or portions of such rec…

(1) DES reserves the right to determine that a public record is exempt, in whole or in part, consistent with provisions of the Public Records Act or other applicable provision of law.(2) Certain exemptions other than the Public Records Act itself restrict the disclosure of docume…

(1) The following copy fees and payment procedures apply to requests to DES under the Public Records Act and received on or after July 8, 2019, date.(2) Pursuant to RCW 42.56.120 (2)(b), DES is not calculating all actual costs for copying records because to do so would be unduly …

(1)(a) Any person who has been denied an opportunity to inspect or copy a public record by an agency or who believes that an agency has not made a reasonable estimate of the time required to respond to a public record request may petition the agency for prompt review of its decis…

(1) The state general records retention schedule and the department's unique records retention schedule, as established and approved by the state records committee, serve as the index for the identification and location of the department's records, including those described in RC…

No provisions of any rule contained in this title shall be construed as giving authority to any DES officer or employee to give, sell, or provide access to lists of individuals requested for commercial purposes. If a list of individuals is included in the records requested, DES m…

(1) This chapter is promulgated pursuant to RCW 43.21C.120.(2) Compliance with the rules of this chapter shall constitute procedural compliance with SEPA for an "action" as defined in WAC 197-11-704.(3) The rules of this chapter contain no sections relating to the notice/statute …

The department of enterprise services hereby adopts the sections or subsections of chapter 197-11 WAC by reference.WAC 197-11-040Definitions. 197-11-050Lead agency. 197-11-055Timing of the SEPA process. 197-11-060Content of environmental review. 197-11-070Limitations on actions d…

Each "action" of the department shall have a form completed and retained in the applicant's division files. This form shall show the action and exemption decision, exempt or otherwise, and be signed by the department of enterprise services representative making that decision. Thi…

(1) Public works request. Any agency submitting a public works request to the department of enterprise services shall be regarded as the lead agency. It will be the sole responsibility of an agency submitting a public works request to determine whether the action is exempt and, i…

(1) The department shall give public notice when issuing a DNS under WAC 197-11-340, DS and scoping notice under WAC 197-11-360, or a draft EIS under WAC 197-11-455.(2) The department may require an applicant to perform the public notice requirement at its expense.(3) The departm…

(1)(a) It is department of enterprise services policy to avoid or mitigate adverse environmental impacts which may result from the department's decisions.(b) The department shall use all practicable means, consistent with other essential considerations of state policy, to improve…

(1) Within the department of enterprise services the ultimate responsible official is the director.(2) The director may designate the responsible official for overall direction and control of environmental reviews within the department of enterprise services and the designated di…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.[Statutory Authority: 2011 c 43. WSR 11-23-093, recodifie…

These rules governing local government self-insurance transactions are adopted by the state risk manager to implement chapter 48.62 RCW relating to the management and operations of both individual and joint local government property and liability self-insurance programs.[Statutor…

(1) "Actuary" means any person who is a fellow of the Casualty Actuarial Society and a member of the American Academy of Actuaries.(2) "Assessment" means the moneys paid by the members to a joint self-insurance program, excluding member claim deductibles and fees for supplementar…

Each individual self-insurance program that self-insures is exempt from the rules applicable to joint self-insurance programs. Individual self-insurance programs shall meet the following standards:(1) The individual self-insurance program must notify the state risk manager of its…

The following rules apply exclusively to joint self-insurance programs. Individual programs shall be exempt from these requirements.[Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02003, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.06…

Membership in a joint self-insurance program requires the execution of an interlocal agreement. Only members may participate in risk-sharing. Only members may participate in the self-insured retention layer, and only members may participate in the joint purchase of insurance or r…

(1) Nonmembers may purchase services through an interlocal agreement as authorized by chapter 39.34 RCW. Nonmembers shall not participate in any coverages of the joint self-insurance program including the self-insured retention layer and the excess insurance or reinsurance layer.…

The joint self-insurance program shall make available to each member a copy of the program's annual membership report. The annual membership report shall include, at a minimum, financial information which includes the balance sheet and statement of revenues, expenses and net asse…

All joint self-insurance programs are subject to the requirements of the Open Public Meetings Act as described in chapter 42.30 RCW and all additional requirements for meeting notifications as described in this chapter.[Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-02…

Every joint self-insurance program shall provide every member with a notice of the time and place of each regular meeting of the governing body at least ten days prior to the meeting. The notice shall be provided in electronic or paper form, and the time and location of each meet…

All joint self-insurance programs shall comply with the requirements of RCW 42.30.080 in providing notification of special meetings. In addition, programs shall provide notice by electronic mail to the state risk manager and every member of the joint self-insurance program twenty…

Every joint self-insurance program must provide the state risk manager and every member with a preliminary agenda in advance of each meeting of the governing body. The agenda shall be provided by electronic mail and shall be posted on the website of the program accessible to the …

Every joint self-insurance program shall provide notification of the intent to change the bylaws or interlocal agreement to each member of the joint self-insurance program and the state risk manager by regular or electronic mail at least thirty days in advance of the meeting duri…

(1) Changes to the interlocal agreement shall be by amendment and shall be approved by the governing body of each joint self-insurance program during a regular meeting of the governing body.(2) Amendments to the interlocal agreement shall be adopted by ordinance or resolution of …

The governing body of every joint self-insurance program shall be elected by a majority of the members voting in the election. Elections may be conducted during a regular meeting of the governing body or by mail-in ballot or electronic ballot. If mail-in or electronic ballots are…

(1) All joint self-insurance programs shall obtain an annual actuarial review as of fiscal year end which provides written estimates of the liability for unpaid claims measured at the expected level and the seventy, eighty, and ninety percent confidence level.(2) The governing bo…

(1) Joint self-insurance program assessment formulas shall include all costs including rating for insured and self-insured layers of coverage. Assessment formulas shall be consistent and nondiscriminatory among all members.(2) This provision shall not be construed to prohibit ind…

(1) All joint self-insurance programs shall furnish to each new member joining a self-insurance program written statements which describe:(a) Insurance coverages or benefits currently provided by the program, including any applicable restrictions, limitations, and exclusions;(b) …

(1) Program terminations. All joint self-insurance programs shall maintain a written plan that provides for the partial or complete termination of the program and for liquidation of its assets upon termination of the program. The termination procedure shall include, but not be li…

(1) All joint self-insurance programs shall maintain a written plan for managing the financial resources of the program. The financial plan shall include:(a) A procedure for accounting for moneys received, payments made and liabilities of the joint program which complies with gen…

Before contracting for third-party administrator professional services, all joint self-insurance programs shall establish and maintain written procedures for contracting with third-party administrators. Entering a contract for services shall not relieve the governing body of the …

(1) All joint self-insurance programs shall adopt a written claims administration program which includes, as a minimum, the following procedures:(a) Claims filing procedures and forms.(b) Standards requiring case reserves for each claim be established in the amount of the jury ve…

(1) Every joint property and liability self-insurance program authorized to transact business in the state of Washington shall submit the annual report to the state risk manager.(2) The annual report to the state risk manager shall require the following information to be submitte…