Title 142 WAC — Dairy Products Commission

Chapter 142-12 Dairy products—Milk assessment regulations.

Wash. Admin. Code § 142-12-01001 Declaration of purpose.

To effectuate the purposes of RCW 15.44.080 as last amended by chapter 41, Laws of 1973 1st ex. sess., the Washington state dairy products commission hereby adopts certain definitions and prescribes the rate of assessment on milk and collection forms pursuant to the provisions of chapter 15.44 RCW effective August 1, 1973.

History

• Order 1-73, § 142-12-01001, filed 6/15/73.

Wash. Admin. Code § 142-12-015 Definitions.

(1) Class I milk: Class I milk shall be all skim milk and butterfat disposed of in the form of fluid milk product as defined by the standards of the federal government heretofore adopted in the order regulating handling of milk in the Puget Sound, Washington, marketing area, (Order 125, as amended).

(2) Fluid milk product: Fluid milk product is fluid milk product as defined by the standards of the federal government heretofore adopted in the said order regulating handling of milk in Puget Sound, Washington, marketing area. (Order 125 as amended.)

(3) Market order: Market order is an order regulating the handling of milk in a marketing area promulgated pursuant to Public Act No. 10, 73rd Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 as amended (48 Stat 31, as amended, 7 U.S.C. 601, et seq.).

(4) Class I price: Class I price is that price per hundredweight defined as the class I price per hundredweight by the standards of the federal government heretofore adopted by the order regulating the handling of milk in the Puget Sound, Washington, marketing area. (Order 125 as amended.)

(5) 3.5% Butterfat milk: 3.5% butterfat milk is 3.5 percent milk as defined by the standards of the federal government heretofore adopted by the said order regulating the handling of milk in the Puget Sound, Washington marketing area. (Order 125 as amended.)

History

• Order 1-73, § 142-12-015, filed 6/15/73.

Wash. Admin. Code § 142-12-02001 Change in definitions.

In the event that the standards and definitions of the federal government as adopted in the said Order No. 125 regulating the handling of milk in the Puget Sound, Washington marketing area as amended are subsequently changed by the federal government with a resulting change in the foregoing definitions, the changed standards or definitions are incorporated herewith and made a part of this regulation unless and until such time as the Washington state dairy products commission changes the definition or definitions by formal amendment to this regulation.

History

• Order 1-73, § 142-12-02001, filed 6/15/73.

Wash. Admin. Code § 142-12-025 Rate of assessment.

The assessment per hundredweight upon all milk produced in the state of Washington effective July 16, 1973, shall be six tenths of one percent (0.6%) of the Class I price for 3.5% butterfat milk as established in the Puget Sound marketing area pursuant to a market order regulating the handling of milk in that area.

History

• Order 1-73, § 142-12-025, filed 6/15/73.

Wash. Admin. Code § 142-12-026 Assessment rate on Class I and Class II milk.

The assessment as set forth in RCW 15.44.085 which is levied on every hundredweight of Class I or Class II milk sold by a dealer, including any milk sold by a producer who acts as a dealer, is hereby increased from three-fourths of one cent per hundredweight to one cent per hundredweight.

History

• Statutory Authority: RCW 15.44.085. WSR 92-15-080, § 142-12-026, filed 7/16/92, effective 9/1/92
• WSR 78-11-025 (Order 78-1), § 142-12-026, filed 10/16/78, effective 1/1/79.

Wash. Admin. Code § 142-12-030 Monthly assessment report described.

The printed form on which returns are to be made under oath to the commission, as required by RCW 15.44.110, shall be known as "monthly assessment report," shall be prepared, signed, and submitted to the commission by each dealer, shipper, handler, producer handler, processor, manufacturer, and distributor not later than the 20th day of the succeeding month for the previous month's volume of milk handled, and shall contain the following information:

(1) Name and address of dealer, shipper, handler, producer handler, processor, manufacturer or distributor.

(2) Assessment rate applicable to fluid milk as provided in WAC 16-145-025. Total amount of producer milk purchased, handled or distributed.

(3) Period for which report is submitted.

(4) Total amount of assessment collected and forwarded to the commission.

(5) Certification by dealer, handler, producer handler, distributor or other person preparing the form.

History

• Order 1-73, § 142-12-030, filed 6/15/73.

Wash. Admin. Code § 142-12-035 Source of monthly assessment report.

Supplies of the monthly assessment report form shall be furnished without charge by the commission.

History

• Order 1-73, § 142-12-035, filed 6/15/73.

Chapter 142-20 Commission districts and boundaries.

Wash. Admin. Code § 142-20-01001 Declaration of purpose.

To effectuate the purposes of RCW 15.44.027 as amended by chapter 44, Laws of 1975, 44th Legislature, regular session, the Washington state dairy products commission hereby establishes commission districts and boundaries as follows.

Reviser's note: In WAC 142-20-01001, RCW 15.44.027 is a new section enacted as section 7, chapter 136, Laws of 1975 1st ex. sess. and has not been amended.

Wash. Admin. Code § 142-20-020 District I.

District I shall include the counties of Adams, Asotin, Columbia, Ferry, Garfield, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman.

History

• Order 1-76, § 142-20-020, filed 4/19/76.

Wash. Admin. Code § 142-20-030 District II.

District II shall include the counties of Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Klickitat, Walla Walla, and Yakima.

History

• Order 1-76, § 142-20-030, filed 4/19/76.

Wash. Admin. Code § 142-20-040 District III.

District III shall include the northern portion of Whatcom County lying north of the western terminus of the Birch Bay-Lynden Road continuing east on that road to its intersection with Kok Road to Front Street in the city of Lynden, then east northeast to the Hannegan Road, thence southeast on Hannegan Road to Polinder Road, continuing east on Polinder Road, due east across the Nooksack River to Timon Road, then due east to Tom Road and continuing east on the north city limit of the town of Nooksack to Sorenson Road, and then due east along the section lines to the eastern border of Whatcom County.

History

• Order 1-76, § 142-20-040, filed 4/19/76.

Wash. Admin. Code § 142-20-050 District IV.

District IV shall include that portion of Whatcom County lying south of the southern boundary of District III, and that portion of Skagit County north of a boundary established by the western terminus of State Highway 536 (Memorial Highway) continuing east on that road to its intersection with Freeway Drive in the city of Mount Vernon; then north approximately one mile on Freeway Drive to the intersection of State Highway 538 (College Way) then east to that point where College Way intersects State Highway 9, then north along State Highway 9 to the intersection of State Highway 20, and then in an easterly and northeasterly direction along Highway 20 to the Whatcom County border.

History

• Order 1-76, § 142-20-050, filed 4/19/76.

Wash. Admin. Code § 142-20-060 District V.

District V shall include the counties of Clallam, Jefferson, King, Kitsap, Mason, Pierce, and Thurston.

History

• Order 1-76, § 142-20-060, filed 4/19/76.

Wash. Admin. Code § 142-20-070 District VI.

District VI shall include the counties of Island, San Juan, Snohomish, and those portions of Skagit County south of the southern boundary of District IV.

History

• Order 1-76, § 142-20-070, filed 4/19/76.

Wash. Admin. Code § 142-20-080 District VII.

District VII shall include the counties of Clark, Cowlitz, Grays Harbor, Lewis, Pacific, Skamania, and Wahkiakum.

History

• Order 1-76, § 142-20-080, filed 4/19/76.

Chapter 142-30 Assessment on milk.

Wash. Admin. Code § 142-30-010 Assessment on milk produced in the state.

To effectuate the purposes of chapter 15.44 RCW there is hereby levied upon all milk produced in this state an assessment of:

(1) 0.75 percent of the Class I price for 3.5% butterfat milk, as established in any market area by a market order in effect in that area or by the state department of agriculture in case there is no market order for that area; or

(2) While the Federal Dairy and Tobacco Adjustment Act of 1983, Title I, Subtitle B-Dairy Promotion Program, is in effect: An assessment rate not to exceed the rate approved at the most recent referendum that would achieve a ten cent per hundredweight credit to local, state or regional promotion organizations provided by Title I, Subtitle B of the Federal Dairy and Tobacco Adjustment Act of 1983.

History

• Statutory Authority: Chapter 34.05 RCW, RCW 15.44.080, and 15.44.130. WSR 15-14-075, § 142-30-010, filed 6/29/15, effective 8/1/15. Statutory Authority: RCW 15.44.060, 15.44.130, 15.44.080(2). WSR 07-23-095, § 142-30-010, filed 11/20/07, effective 1/1/08. Statutory Authority: RCW 15.44.060(1), 15.44.130, 15.44.080. WSR 01-21-054, § 142-30-010, filed 10/16/01, effective 1/1/02. Statutory Authority: RCW 15.44.130. WSR 85-15-003 (Order 85-4), § 142-30-010, filed 7/5/85. Statutory Authority: Chapter 15.44 RCW. WSR 83-08-019 (Order 83-2), § 142-30-010, filed 3/29/83
• Order 2-76, § 142-30-10 (codified as WAC 142-30-010), filed 11/15/76, effective 1/1/77.

Chapter 142-40 Promotional hosting, travel, and business expenses.

Wash. Admin. Code § 142-40-010 Purpose.

Section 1, chapter 26, Laws of 1985 (RCW 15.04.200) enacted under the authority of Article VIII of the Washington state Constitution as amended, authorized the expenditure of agricultural commodity commission assessments for agricultural development or trade promotion and promotional hosting and provides that agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity commission employees, agents, or commissioners.

The purpose of these rules is to set forth the parameters governing promotional hosting, travel, and meal expenditures for the Washington dairy products commission.

History

• Statutory Authority: RCW 15.44.038, 15.44.060, and chapter 34.05 RCW. WSR 20-13-026, § 142-40-010, filed 6/9/20, effective 7/10/20. Statutory Authority: RCW 15.04.200. WSR 92-14-035, § 142-40-010, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 142-40-020 Definitions.

The definitions in this section apply throughout the chapter unless the context clearly requires otherwise.

"Commission" means the Washington dairy products commission.

"GSA" means the general services administration, an independent agency of the United States government.

"Hosting" may include providing meals, refreshments, lodging, transportation, gifts of a nominal value, reasonable and customary entertainment and normal incidental expenses at meetings or gatherings.

"Promotional hosting" means the hosting of individuals or groups of individuals at meetings, meals, events, tours, or other gatherings for the purpose of agricultural development, trade promotion, cultivating trade relations, or in the aid of the marketing, advertising, or sale of Washington dairy products.

"SAAM" means the state administrative and accounting manual.

History

• Statutory Authority: RCW 15.44.038, 15.44.060, and chapter 34.05 RCW. WSR 20-13-026, § 142-40-020, filed 6/9/20, effective 7/10/20. Statutory Authority: RCW 15.04.200. WSR 92-14-035, § 142-40-020, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 142-40-030 Promotional hosting.

The implementation of the rules governing promotional hosting expenditures for the Washington dairy products commission shall be as follows:

(1) Budget approval. Commission expenditures for agricultural development, trade promotion, and promotional hosting shall be pursuant to specific budget items in the commission's annual budget as approved by the commission and the director.

(2) Officials and agents authorized to make expenditures. The following officials and agents are authorized to make expenditures for agricultural development, trade promotion, and promotional hosting in accordance with the provisions of these rules:

(a) Commissioners;

(b) Administrators;

(c) Executive management staff.

Individual commissioners shall make promotional hosting expenditures, or seek reimbursements for those expenditures, only in those instances where the expenditures have been approved by the commission.

(3) Payment and reimbursement. All payments and reimbursements shall be identified and supported by receipts in accordance with the reimbursement policies of the commission. Advance payment of expenses is not permitted. In the event that a vendor requests advance payment for goods or services, commission members should engage a staff supervisor for proper handling of funds. Expense reports and reimbursement requests shall require the following information:

(a) Name and position of each person hosted, provided that in case of a group of ten or more persons, then only the name of the group hosted shall be required;

(b) General purpose of the hosting;

(c) Date of hosting;

(d) Location of the hosting;

(e) To whom payment was or will be made;

(f) Authentication by person seeking payment or reimbursement.

(4) The chair of the commission, executive director, and commission staff, as authorized in writing by the executive director, are authorized to approve direct payment or reimbursements submitted in accordance with these rules, provided that the chair, executive director, and commission staff are not authorized to approve their own direct promotional hosting payments or promotional hosting reimbursements.

(5) The following persons may be hosted when it is reasonably believed such hosting will promote agriculture development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sales of milk and other dairy products, provided that such hosting shall not violate federal or state laws including, but not limited to, state or federal ethics or conflicts of interest laws:

(a) Individuals from private business, associations, commissions, and accompanying staff and interpreter(s);

(b) Members of the media and accompanying staff and interpreter(s);

(c) Foreign government officials and accompanying staff and interpreter(s);

(d) Federal, state, or local officials, provided that lodging, meals, and transportation will not be provided when such officials may obtain reimbursement for these expenses from their government employer;

(e) The general public, at meetings and gatherings open to the general public;

(f) Commissioners and employees of the commission when their attendance at meetings, meals, and gatherings at which the persons described in (a) through (e) of this subsection are being hosted, will promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sales of Washington milk and other dairy products.

(g) Spouses, partners, or significant others of the persons listed in (a) through (d), and (f) of this subsection when attendance of such spouse, partner, or significant other is customary and expected or will serve to promote agricultural business development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington milk or other dairy products.

History

• Statutory Authority: RCW 15.44.038, 15.44.060, and chapter 34.05 RCW. WSR 20-13-026, § 142-40-030, filed 6/9/20, effective 7/10/20. Statutory Authority: RCW 15.04.200. WSR 92-14-035, § 142-40-030, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 142-40-040 Travel.

(1) Except as provided in subsections (7) and (8) of this section, all overnight or out-of-state travel by commissioners and by commission staff must be approved in accordance with commission policy in advance of departure to be eligible for travel expense reimbursement.

(2) All travel expenses must be within the preapproved budget limits as provided for in WAC 142-40-030(1).

(3) Reimbursement for transportation expenses shall be at actual cost subject to the following limitations:

(a) If an employee chooses not to use the state's travel services, travel must be booked at the lowest commercially reasonable cost and exclude any fees due to personal preference or convenience not necessary or critical to commission business.

(b) If an employee chooses not to use the state's travel services, coach airfare will be reimbursed with the expectation that the lowest commercially reasonable fare is found.

(c) If a commissioner or commission employee uses his or her automobile for transportation, mileage shall be reimbursed at the current rate set by the GSA for business travel.

(d) Car rentals up to full-size cars and related fuel expenses. Larger or different types of vehicles require prior approval.

(e) Other transport, including public transit, taxi, and rideshare services, related to commission business travel shall be reimbursed.

(f) Customary tips for transport and meals shall be reimbursed in accordance with commission policy.

(4) Reimbursement for lodging expenses shall be at actual costs and travelers should adhere to the GSA per diem rates as closely as possible. Accommodations should be standard rooms and must be the lowest commercially reasonable cost and exclude any fees due to personal preference or convenience not necessary or critical to commission business.

(5) Reimbursement for meals shall be at actual costs, plus tip, provided that such costs are reasonable for the particular market in which the expense is incurred.

(6) Each person traveling on official commission business shall submit request for reimbursement in accordance with commission policy. Receipts for each expense for which reimbursement is requested must accompany the reimbursement request. Expenses will not be reimbursed unless such a request, accompanied by receipts where required, is timely submitted. Receipts may not be required for expenses under a certain dollar threshold as stated by the Washington dairy products commission policies, which are to be reviewed annually.

(7) No advance approval of travel and related expenses is required for attendance at regular or special meetings of the commission or a committee thereof within the state of Washington.

(8) Day trips by commissioners and commission staff, as well as overnight travel within Washington state by commission staff for commission business, do not require approval in advance of departure and travel-related costs for day trips are reimbursable as provided under this section.

History

• Statutory Authority: RCW 15.44.038, 15.44.060 and chapter 34.05 RCW. WSR 20-21-100, § 142-40-040, filed 10/21/20, effective 11/21/20
• WSR 20-13-026, § 142-40-040, filed 6/9/20, effective 7/10/20.

Wash. Admin. Code § 142-40-050 Other business meals.

(1) The commission shall pay for or reimburse employees for meals, coffee, and light refreshments for certain meetings, industry activities, and training regardless of travel status when:

(a) The purpose of the meeting is to conduct official commission business or provide training to employees or board members;

(b) The meals are an integral part of the meeting, conference, convention, or training session and separating the meeting from the meal would be otherwise disruptive to commission business;

(c) The meeting or training session takes place away from the employee's or official's regular workplace ("regular workplace" excludes meeting and conference rooms); and

(d) The agency obtains an itemized receipt for the actual costs of the meals with meetings.

(2) Meals will be reimbursed at actual cost incurred. Meetings to be incurred under this section include those in which attendance is advantageous in achieving the goals of the commission including, but not limited to: Strategic planning meetings, employee review and evaluation meetings, board meetings, continuing education and professional development training sessions, information and research meetings, events or conferences.

(3) To be eligible for reimbursement, employees must submit the following to their direct supervisor on their expense reimbursement request: Itemized receipt, name(s) of the organization or persons attending the meeting, and the purpose or accomplishments expected.

(4) Consistent with SAAM 70.15.10, recurring meals with meetings may receive one-time approval annually. To be eligible for reimbursement, the expense must fall within the preapproved budget and definition for recurring meals with meetings for the year, itemized receipts must be provided, and the meeting attendees must be identified.

History

• Statutory Authority: RCW 15.44.038, 15.44.060, and chapter 34.05 RCW. WSR 20-13-026, § 142-40-050, filed 6/9/20, effective 7/10/20.

Chapter 142-50 Public Records.

Wash. Admin. Code § 142-50-010 Purpose.

The purpose of this chapter is to ensure compliance by the Washington dairy products commission with chapter 42.56 RCW, Public Records Act. These rules provide information to persons requesting access to the commission's public records and establish procedures for both requestors and commission staff.

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-010, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-020 Definitions.

"Commission" means the Washington dairy products commission.

"Disclosure" means inspection or copying.

"Public records" include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics.

"Writing" means handwriting, typewriting, printing, photostating, telefaxing, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents, including existing data compilations from which information may be obtained or translated.

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-020, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-030 Public records officer.

(1) The commission's public records shall be in the charge of the public records officer designated by the commission. The commission or its executive director may appoint a temporary public records officer to serve during the absence of the designated records officer.

(2) The public records officer shall be responsible for implementing the commission's rules regarding disclosure of public records, coordination of staff regarding disclosure of public records, and generally ensuring compliance by staff with public records disclosure requirements.

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-030, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-040 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail at 4201 198th Street S.W., Lynnwood, WA 98036, or by email at PRR@wadairy.org. The written request should include:

(a) The name of the person requesting the record and his or her contact information;

(b) The calendar date on which the request is made; and

(c) Sufficient information to readily identify the records being requested.

(2) Any person wishing to inspect the commission's public records may make an appointment with the public records officer to inspect the records at the commission office during regular business hours. In order to adequately protect the commission's public records, the following will apply:

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection.

(b) Inspection of any public records will be conducted in the presence of the public records officer or designee.

(c) Public records may not be marked or altered in any manner during inspection.

(d) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission office and the availability of authorized staff to operate that equipment.

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-040, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-050 Response to public records request.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Providing the record;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request; or

(d) Denying the public records request. Responses refusing, in whole or in part, the inspection of a public record shall include a statement of the specific exemption authorizing the withholding of the record (or any part) and a brief explanation of how the exemption applies to the records withheld or to any redactions in records produced.

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(c) Notify third persons or agencies affected by the request; or

(d) Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(3) In acknowledging receipt of a public record request that is unclear, the public records officer may ask the requestor to clarify what records the requestor is seeking. The public records officer is not obligated to provide further response if the requestor fails to clarify the request.

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-050, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-060 Fees—Inspection and copying.

(1) No fee shall be charged for the inspection of public records.

(2) Pursuant to RCW 42.56.120(2), the commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate actual costs and the commission lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120.

(4) For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington dairy products commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(5) The commission or its designee may waive the fee when the expenses of processing payment exceeds the costs of providing copies.

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-060, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-070 Processing of public records requests—Electronic records.

(1) The process for requesting electronic public records is the same as for requesting paper public records.

(2) Providing electronic records:

(a) The commission has the discretion to determine whether to provide records electronically or in paper form.

(b) When a requestor requests records in an electronic format, the public records officer will endeavor to provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the commission and is generally commercially available, or in a format that is reasonably translatable from the format in which the commission keeps the record.

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-070, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-080 Protection of public records.

In order to adequately protect the commission's public records, the following will apply:

(1) Public records made available for inspection may not be removed from the area the commission makes available for inspection. The commission has the discretion to designate the means and the location for the inspection of records.

(2) Inspection of any public records will be conducted in the presence of a designated commission employee.

(3) Public records may not be marked or altered in any manner during inspection.

(4) After inspection is complete, the public records officer or designee will make requested copies or arrange for copying.

(5) Public records that are maintained in a file or jacket, or in chronological order, may not be dismantled except by a designated commission employee for purposes of copying.

(6) Whenever a public records request involves an entire file, a group of records, or a large number of records, the commission is allowed a reasonable time to review the records to determine whether information is exempt from disclosure under chapter 42.56 RCW or other law.

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-080, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-090 Exemptions.

The commission's public records are available for disclosure except as otherwise provided under chapter 42.56 RCW or any other law. Requestors should be aware of the following exemptions to public disclosure specific to commission records. This list is not exhaustive and other exemptions may apply:

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.44 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.44 RCW, with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070).

(4) Records which are relevant to a controversy to which the commission is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts, including records involving attorney-client communications between the department and the office of the attorney general privileged under RCW 5.60.060(2).

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-090, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-100 Review of denials of public records requests.

(1) Any person who objects to the denial of a request to copy or inspect public records may petition the commission for review of such decision by submitting a written request to the commission. The request shall specifically refer to the statement which constituted or accompanied the denial.

(2) The commission's executive director or designee shall immediately consider the matter and either affirm or reverse such denial. In any case, the request shall be returned with a final decision, within ten business days following receipt of the written request for review of the original denial.

(3) Under RCW 42.56.530, if the commission 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 to review the matter.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

• Statutory Authority: RCW 15.44.060 and 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-100, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 142-50-110 Records index.

The commission shall establish a records index, which shall be made available for public review.

History

• Statutory Authority: RCW 15.44.060, 42.56.040, and chapter 34.05 RCW. WSR 20-02-084, § 142-50-110, filed 12/30/19, effective 1/30/20.