16-22-086

WSR 16-22-086

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[Filed November 2, 2016, 10:05 a.m.]

Original Notice.

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Amend Regulation I, Sections 14.02 (Agency Description, Contact Information, Public Records Officer) and 14.08 (Review of Denials of Public Records).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on December 15, 2016, at 8:45 a.m.

Date of Intended Adoption: December 15, 2016.

Submit Written Comments to: Rob Switalski, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail [e-mail], fax [phone], by December 14, 2016.

Assistance for Persons with Disabilities: Contact agency receptionist, [phone], by December 8, 2016, TTY [phone] or [phone] (Braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is proposing amendments to Regulation I, Section 14.02 to remove the name of a retiring staff person and to make the language regarding the identity of the public records officer at the agency not name specific.

The agency is proposing amendments to Regulation I, Section 14.08 to remove reference to a position no longer at the agency and to identify the agency executive director as the person at the agency who will consider a petition for internal administrative review a denial, or partial denial, of a public records request. The proposed amendments also expand the time period for the executive director to consider a petition from two to five business days, and modify a corresponding provision regarding judicial appeals with the same time frame (from two to five business days).

Reasons Supporting Proposal: To reflect changes in agency contact information and policy.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jennifer Dold, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, [phone].

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedures [Procedure] Act, and the agency is not a school district.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

November 2, 2016

Craig Kenworthy

Executive Director

AMENDATORY SECTION

SECTION 14.02 AGENCY DESCRIPTION, CONTACT INFORMATION, PUBLIC RECORDS OFFICER

(a) Location of Agency's offices. The Agency's offices are located at 1904 3rd Avenue, Suite 105, Seattle, WA 98101-3317.

(b) Identification of and contact information for Agency's public records officer. Any person wishing to request access to public records of the Agency, or seeking assistance in making such a request should contact the Agency(('s)) and request assistance from the Agency's ((public records officer)) Public Records Officer:

((Stella Nehen,))

Public Records Officer

1904 3rd Avenue, Suite 105

Seattle, WA 98101-3317

(206) 689-((4011)) 4030 (phone) or [phone], Ext. ((4011))

4030 (toll free phone)

[phone] (facsimile)

[e-mail]

Information is also available on the Agency's website at: http://www.pscleanair.org.

(c) Duties of public records officer. The public records officer oversees compliance with the Act but another Agency staff member may process the request. Therefore, any reference to the public records officer in these rules may refer to the officer or a designee. The public records officer and the Agency will provide the "fullest assistance" to requesters as required by the Act; will ensure that public records are protected from damage or disorganization; and will prevent fulfilling public records requests from causing excessive interference with essential functions of the Agency.

AMENDATORY SECTION

SECTION 14.08 REVIEW OF DENIALS OF PUBLIC RECORDS

(a) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a public records request may petition in writing (including by e-mail) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer denying the request.

(b) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the ((Director of Compliance and Legal)) Executive Director. The ((Director of Compliance and Legal)) Executive Director will immediately consider the petition; will either affirm or reverse the denial within ((two)) five business days following the Agency's receipt of the petition, or within such other time period to which the Agency and the petitioner mutually agree; and will promptly inform the petitioner of the decision made.

(c) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of ((two)) five business days after the initial denial regardless of any internal administrative appeal.