Washington Administrative Code
Title 446 - State Patrol (See also Titles 204, 212 and 448)
Chapter 446-10 - Public records
Section 446-10-110 - Review of denials of public records

Universal Citation: WA Admin Code 446-10-110

Current through Register Vol. 24-18, September 15, 2024

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The petition shall include a copy of, or reasonably identify, the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the chief or designee. The chief or designee shall immediately consider the petition and either affirm or reverse the denial within two business days following the Washington state patrol's receipt of the petition, or within such other time as the Washington state patrol and the requestor mutually agree upon.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the Washington state patrol denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(4) 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 business days after the initial denial regardless of any internal administrative approval.

Statutory Authority: RCW 42.56.040 through 46.56.570 [42.56.570]. 07-04-039, § 446-10-110, filed 1/30/07, effective 3/2/07. Statutory Authority: RCW 42.17.250. 79-04-037 (Order 79-2), § 446-10-110, filed 3/23/79.

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