Title 304 WAC — Library Commission

Chapter 304-12 Substantive rules.

Wash. Admin. Code § 304-12-030 Library council of Washington created—Appointments—Terms—Expenses.

The library council of Washington shall consist of thirteen members appointed by the commission. Members shall be appointed to broadly represent the library community as specifically outlined by the commission. A term shall be defined as three years, to begin on January 1 of each year. No person shall be appointed for more than two consecutive terms. An individual completing an unexpired term will be considered to have served a full term. Council members shall serve without compensation, but will be reimbursed for subsistence, lodging, and travel expenses for council meetings and approved business of the council, in accordance with the provisions of the Washington state travel regulations.

History

• Statutory Authority: RCW 27.04.030(1). WSR 00-11-028, § 304-12-030, filed 5/9/00, effective 6/9/00. Statutory Authority: RCW 27.04.030. WSR 94-11-023, § 304-12-030, filed 5/6/94, effective 6/6/94
• WSR 92-08-023, § 304-12-030, filed 3/23/92, effective 4/23/92. Statutory Authority: RCW 27.04.040. WSR 87-20-070 (Order 87-02), § 304-12-030, filed 10/6/87.

Wash. Admin. Code § 304-12-045 Washington state advisory council on libraries—Duties.

The council shall act as an advisory body to the Washington state library commission and staff on the development and execution of the federally-funded program of library service.

History

• Statutory Authority: RCW 27.04.030 and 27.04.060. WSR 86-12-067 (Order 86-02), § 304-12-045, filed 6/4/86.

Wash. Admin. Code § 304-12-047 Library council of Washington—Mission—Roles.

The mission of the library council of Washington is to promote access to library service and information resources for all people in Washington state. To meet this commitment, the council's membership represents the broadest possible range of library community interests. The roles of the council shall include to:

(1) Serve as a catalyst for developing and implementing statewide library programs that will improve service at all Washington libraries;

(2) Provide a forum for the library community to discuss issues of concern, with individual members keeping their constituents abreast of the council's progress and regularly requesting their input;

(3) Advise the Washington state library commission and state library staff on statewide areas of need in library service;

(4) Encourage and support multitype cooperation throughout the state;

(5) Assist in the development, implementation and evaluation of statewide library development plans and long-range library services and technology act (LSTA) plans;

(6) Advise the Washington state library commission on the use of federal funds;

(7) Pursue opportunities for collaboration with other agencies and community partners that share similar interests with libraries.

History

• Statutory Authority: RCW 27.04.030(1). WSR 00-11-028, § 304-12-047, filed 5/9/00, effective 6/9/00.

Wash. Admin. Code § 304-12-125 General statement of criteria.

(1) In a free and open society the mission of libraries is to be aware of individuals' need for knowledge and personal growth and to respond to those needs by providing access to the wisdom, experience and imagination of mankind.

(2) The state agency's criteria for determining the adequacy of library service to the public are:

(a) That ninety percent of the requests by library users for specific titles is available through their library in a manner that is satisfactory to the users.

(b) That ninety percent of the requests by library users for works by a particular author or creator is available through their library in a manner that is satisfactory to the users.

(c) That ninety percent of the requests by library users for materials on a specific subject is available through their library in a manner that is satisfactory to the users.

(d) That ninety percent of the requests by library users for information is answered through their library in a manner that is satisfactory to the users.

(e) That ninety percent of the people in a library's service area is aware of the kinds of services provided by their library.

(f) That the percentage of use by each demographic group as defined in the Library Services and Construction Act regulations is the same, +/- fifteen percent, based on the highest percentage of use.

The determination of adequacy is made by comparing these criteria with annual reports which by law must be submitted to the state agency by each public library.

History

• Statutory Authority: RCW 27.04.030(1). WSR 00-11-028, § 304-12-125, filed 5/9/00, effective 6/9/00. Statutory Authority: RCW 27.04.060. WSR 84-07-020 (Order 84-1), § 304-12-125, filed 3/14/84
• Order 1-75, § 304-12-125, filed 7/21/75
• Order 3542, § 304-12-125, filed 7/11/72
• Order, § 304-12-125, filed 6/22/71.

Chapter 304-16 Documents depository library system.

Wash. Admin. Code § 304-16-010 Rules and regulations.

(1) The Washington state library will publish a basic list of documents at least annually to include an author, title and subject index to the annual list.

(2) Prepare a monthly supplement to the basic list. At least one copy of each basic list and each basic supplement will be sent to each depository library.

(3) Indicate in the monthly supplement if a publication has been sent to the depositories, availability, etc.

(4) Ship documents at least once a week to all full depository libraries.

(5) Provide the Washington state library classification number and other pertinent cataloging data in each shipment for each new document title distributed as a suggested aid to other libraries in the organization of the documents.

(6) Confirm with state agencies as specified in RCW 40.06.030 the number of copies needed for distribution to libraries prior to publication.

(7) The Washington state library shall develop, in consultation with state agencies, periodically review and distribute to depository libraries, the criteria for classification of documents as depository items.

(8) All library inquiries, special requests, etc., concerning requests for state documents [for libraries] which are directed to state agencies will be channeled through the state library.

(9) There will be periodic revisions of number of copies needed by libraries.

[(10)] Libraries should send to the state library names of every state agency on whose mailing list they are currently listed.

(11) If disagreement develops on designation of a library as a depository, a committee of arbitration will be set up by the president of the Washington Library Association acting under instructions from the Washington Library Association executive board. Any staff member of any library involved who is also on the Washington Library Association board will be ineligible to be a member of the arbitration panel.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 304-16-020 Standards.

(1) There will be two classes of depository libraries in Washington. These will be full and partial. Full depositories shall receive copies of all state publications for distribution by the state library. Partial depositories shall receive at least a core of general interest publications deemed essential to the public interest. Any other library in the state may request specific documents and, if it is at all possible, the request will be filled.

(2) Any library designated as a depository shall meet the conditions specified in the following section:

(a) Provide space to house the publications in an approved manner with adequate provisions for expansion. State publications do not need to be maintained in a separate collection unless the receiving library prefers to do so. Housing in a vertical file rather than on shelves is acceptable for appropriate pamphlet-type materials.

(b) Provide an orderly, systematic recording of receipt of the documents.

(c) Process and shelve all state publications within thirty days after receipt of the material.

(d) Provide a professionally trained librarian to render satisfactory service without charge to qualified patrons in the use of such publications. This librarian need not spend full time on state publications.

(e) Dispose of publications only with permission of the state librarian. The state librarian shall establish criteria for disposal schedules for items which need not be retained permanently.

(f) Accept and maintain all publications received as depository documents.

(g) Library rules must assure that the documents are available for public use and circulation, unless for some unusual reason it becomes necessary to restrict use.

(3) There will be at least twelve full depositories in the state. Additional depositories will be established as advisable to provide adequate public access to Washington state publications.

(4) The state library shall ensure that the rules, regulations and standards are maintained.

History

• Statutory Authority: RCW 27.04.030, 40.06.020, and 40.06.040. WSR 79-01-056 (Order 1-78), § 304-16-020, filed 12/27/78
• Order, § 304-16-020, filed 10/24/68
• Order, filed 10/19/65.

Chapter 304-20 State library public records—General policy.

Wash. Admin. Code § 304-20-005 State library public records—General policy.

With the exception of those public records exempt from public inspection and copying in the Revised Code of Washington, the state library recognizes its stewardship of public records and shall endeavor to comply with requests for public records in a timely and good-faith manner.

History

• Statutory Authority: RCW 27.04.030(1). WSR 00-11-028, § 304-20-005, filed 5/9/00, effective 6/9/00.

Wash. Admin. Code § 304-20-010 Availability of records.

(1) Requests for state library public records resident in the Pritchard Building or any state library branch statewide shall be directed to the Office of the State Librarian, Olympia, Washington, 98504, for initial action. The state librarian, or public records officer if otherwise designated, shall send an initial response to the requestor within the time frame required in chapter 42.17 RCW which:

(a) Acknowledges receipt of the request, including the date and time of day it was received; and

(b) Provides the requestor with a target date for complying with the request.

(2) Requests shall be submitted in writing—through letter, telefacsimile, or electronic mail. Requests shall include at least the following information:

(a) The date and time of day on which the request was made;

(b) The name of the requestor and the address to which responses to the request are to be directed;

(c) As detailed a description of desired records as possible;

(d) Any limitations on desired formats to be searched; and

(e) To the extent possible, a reference to the current state library public records index.

Unless the request is received in such a manner that automatically so indicates, state library staff shall affix to the request a date and time of receipt as soon as the request is received by the state library.

The state librarian or designated public records officer may inquire of the requestor as to the purpose of the request only to the extent to which such information will elucidate the request and facilitate a timely and complete response. Except as permitted by chapter 42.17 RCW, the requestor shall not be compelled to disclose that information, nor shall failing to disclose that information in any way adversely affect the response to the inquiry.

History

• Statutory Authority: RCW 27.04.030(1). WSR 00-11-028, § 304-20-010, filed 5/9/00, effective 6/9/00
• Order I-76, § 304-20-010, filed 4/22/76.

Wash. Admin. Code § 304-20-050 Fees.

The state library shall charge no fee for inspection of public records. Depending upon the extent of an individual request, the library may charge a fee equal to the amount necessary to reimburse the agency for its actual costs incident to copying public records, not to exceed limits imposed by the legislature.

History

• Statutory Authority: RCW 27.04.030(1). WSR 00-11-028, § 304-20-050, filed 5/9/00, effective 6/9/00
• Order I-76, § 304-20-050, filed 4/22/76.

Wash. Admin. Code § 304-20-060 Exemptions.

(1) Privacy of inquiry is central to freedom and the success of a democratic society. Any state library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user, is exempt from public disclosure, in accordance with RCW 42.17.310. The state library will not disclose these records, outside the requirements of RCW 42.17.310 and absent judicial action to compel such disclosure.

(2) The library reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 304-20-040 is exempt under the provisions of section 31, chapter 1, Laws of 1973.

(3) In addition, pursuant to section 26, chapter 1, Laws of 1973, the library reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 1, Laws of 1973. The public records officer will fully justify such deletion in writing.

(4) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

History

• Statutory Authority: RCW 27.04.030(1). WSR 00-11-028, § 304-20-060, filed 5/9/00, effective 6/9/00. Statutory Authority: RCW 27.04.030. WSR 83-07-076 (Order 83-1), § 304-20-060, filed 3/23/83
• Order I-76, § 304-20-060, filed 4/22/76.

Wash. Admin. Code § 304-20-065 Response to requests for public records.

The state library's response to a request to inspect and/or copy public records shall contain at least the following elements:

(1) A restatement of the nature of the request;

(2) The date of the response;

(3) The extent to which the state library has been able to comply with the request;

(4) Reason(s) for denial of any portion of the request;

(5) The location at which the records may be inspected and copied; and

(6) The procedure for appealing denial of any portion of the request.

History

• Statutory Authority: RCW 27.04.030(1). WSR 00-11-028, § 304-20-065, filed 5/9/00, effective 6/9/00.

Wash. Admin. Code § 304-20-070 Review of denial of request.

Any person who objects to a denial of a request for public records may do so in writing, petitioning a prompt review of that decision. The state librarian shall immediately consider such a request for review and either reverse the denial or call a special meeting of the state library commission to review the denial and make a final decision. If the commission is to review the denial, the librarian will respond with a date certain for that review within five business days.

History

• Statutory Authority: RCW 27.04.030(1). WSR 00-11-028, § 304-20-070, filed 5/9/00, effective 6/9/00
• Order I-76, § 304-20-070, filed 4/22/76.

Wash. Admin. Code § 304-20-080 Records index.

(1) Index. The library has available to all persons a current index which provides identifying information as to the following records issued, adopted or promulgated since June 30, 1972:

"(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

"(b) Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency;

"(c) Administrative staff manuals and instructions to staff that affect a member of the public;

"(d) Planning policies and goals, and interim and final planning decisions;

"(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and

"(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public a subdivision of state government, or of any private party."

(2) Availability. The current index promulgated by the library shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

History

• Order I-76, § 304-20-080, filed 4/22/76.