Section 173-03-040. How do I get access to the public records of the department of ecology?

(1) All public records of the department are available for public inspection and copying under these rules subject to subsections (2), (3), (4), and (5) of this section.

(2) Availability of public records is subject to the exemptions and prohibitions against disclosure contained in RCW 42.17.310, 42.17.130, 42.17.255, 42.17.260, and 90.52.020. In addition, individuals may request, and ecology may grant, confidentiality of documents from disclosure under RCW 43.21A.160 and 70.105.170.

(3) When a public record includes information which, if disclosed, would lead to an unreasonable invasion of personal privacy, and the department becomes aware of this fact, the department shall delete such information before making the record available.

(4) Public records requested may not be readily available for immediate inspection. If the requested records are not readily available, the department shall notify the requester when and where those records will be available.

(5) Public records of the department are kept by the department or state archives until scheduled for destruction by the records retention schedule in accordance with chapter 40.14 RCW. Public records subject to a request for disclosure when scheduled for destruction shall be retained by the department and may not be erased or destroyed until the request is resolved.

[Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-040, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 42.17.250 - 42.17.340 and 1992 c 139. WSR 92-20-116 (Order 92-37), § 173-03-040, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 42.17.250 - 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-040, filed 1/17/78.]

RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-040, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 42.17.250 - 42.17.340 and 1992 c 139. WSR 92-20-116 (Order 92-37), § 173-03-040, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 42.17.250 - 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-040, filed 1/17/78.