Section 170-01-0270. DEL reviews of records request denials.  


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  • (1) All review requests must be in writing (letter, fax or e-mail). All review requests must specify the part or parts of the denial or redaction that the requestor wishes to be reviewed.
    (2) If DEL denies all or part of a request, or redacts any portion of a record, the requestor may request a review of this decision by:
    (a) Asking the public records officer for an internal DEL review.
    After receiving a request for an internal review, the public records officer will refer the matter for review to the deputy director who may consult with other agency leaders. The denial will either be upheld or reversed within two business days after the receipt of the review request.
    (b) Asking for an external review by the attorney general's office.
    Requestors may initiate this by sending a request for review to Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100 or publicrecords@atg.wa.gov.
    (c) Asking for a judicial review.
    To initiate a court review of a public records case, a requestor can file a "motion to show cause" which directs the agency to appear before the court and show any cause why the agency did not violate the act. The case must be filed in the superior court in the county in which the record is maintained.
    [Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-09-060, § 170-01-0270, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0270, filed 4/11/12, effective 5/12/12.]
RCW 43.215.070 and chapter 43.215 RCW. WSR 16-09-060, § 170-01-0270, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0270, filed 4/11/12, effective 5/12/12.