Current through Register Vol. 24-18, September 15, 2024
(1) Purpose.
This rule is intended to implement RCW 42.17.260(4)(a) and (b), which require
state agencies to establish and implement a system of indexing for certain
records maintained by state agencies.
(2) Responsibility for department's indexing
system. The department's indexing system for records covered under this section
is administered by the manager of the files unit. All record indices described
in this section shall be located at the department's files unit.
(3) The department shall establish and
implement a system of indexing for all records issued before July 1, 1990, for
which the department has maintained an index. The department has maintained an
index for the following records which have existed before July 1, 1990:
(a) "Final opinions" which include the
director's final orders and other final orders in adjudicative proceedings
concerning the department;
(b)
"Statements and interpretations of law and policy" which include the
department's "DRS notices" advising employers of the department's position
regarding law and/or policy; and formal and informal opinions by the state
attorney general's office, used by the department as the basis for
administrative decisions;
(c)
"Administrative staff manuals and instructions" which affect members of the
public;
(d) "Planning policies and
goals";
(e) "Factual reports and
studies" by department staff, consultants, other governmental entities, and
private organizations;
(f)
"Correspondence" by the department in which the department determines or
provides an opinion on the rights of state government, the public, subdivisions
of state government, or any private party.
(4) The department shall establish and
implement a system of indexing for the following records on or after July 1,
1990:
(a) "Final orders" which are issued in
an adjudicative proceeding as defined by
RCW
34.05.010(1) containing
analyses or decisions of substantial importance to the department;
(b) "Declaratory orders" which are issued
pursuant to
RCW
34.05.240 containing analyses or decisions of
substantial importance to the department;
(c) "Interpretive statements" which are a
written expression of an opinion by the department, entitled "interpretive
statement" by the department's director, or his or her designee, and relating
to the meaning of a statute or other provision of law, court decision, or
agency order; and
(d) "Policy
statements" which are a written description of the department's current policy,
entitled "policy statement" by the department's director, or his or her
designee, and implementing a statute or other provision of law, or court
decision, or agency order.
(5) The system of indexing the records
identified in WAC
415-06-090(3) and
(4) is as follows:
(a) An index will be organized in WAC
415-06-090(3) and
(4).
(b) Staff of the department's
legal/legislative affairs unit will select the final orders and declaratory
orders to be indexed reviewing all final orders and declaratory orders entered
after June 30, 1990, and evaluating the substantial importance of the
orders.
(c) Records will be indexed
by a phrase describing the record's subject, issue or holding, and by citation
of the law involved. Examples of phrases to be used are "service credit,"
"retirement benefits," "membership," and "contributions."
(6) Availability: The department record index
shall be available to all persons in the same manner as public records
available for inspection, under chapter 415-06 WAC.
Statutory Authority:
RCW
41.50.050 and 42.17.260(4)(a) and (b).
91-19-061, §415-06-090, filed 9/16/91,
effective 10/17/91; Order 4, §415-06-090, filed
7/27/77.
