====== Request public records under the Washington Public Records Act ====== **Washington · How do I request public records?** · state model checked by Claude · quality 0.99 //Generated by [[https://github.com/alibama/lexflow|lexflow]] from the state statutes (open-us-law, government publisher text) and checked by Claude: every quoted phrase was matched word for word against the statute text, and the process passed the BPMN/DMN schemas, bpmnlint and a Petri-net soundness check. Information, not legal advice.// **Governing law:** [[https://apps.leg.wa.gov/rcw/default.aspx?cite=42.56.520|RCW 42.56.520]] — RCW 42.56.520: Prompt responses required. ===== Process map ===== Any person asks a Washington agency for identifiable public records, in person, by mail or by email Missed five-business-day deadline (RCW 42.56.520(1)): the act does not say that silence is a denial, so the consequence is 'unstated'. The timer routes to the requester's court motion because RCW 42.56.550(4) awards costs to a person who prevails in an action seeking 'the right to receive a response to a public record request within a reasonable amount of time'; that this is the route for a missed five-day response is an inference, and 550(1) itself speaks of a person 'denied an opportunity to inspect or copy'. On that no-response path neither anchor of the 550(6) one-year limit (a claim of exemption or a last installment production) occurs, so the act sets no start for that period; the one-year timer on file_motion still runs there in the model, which is an inference. Internal review (520(4)): the statute requires agencies to establish review mechanisms but does not say who starts the review, whether the requester must ask for it, or what a review that reverses the denial leads to. Review is shown as following every written denial; at the end of the second business day it is deemed completed and becomes final agency action, which the model treats as 'deemed-denial' with the timer leading to the court motion. The model does not require the review to be exhausted before suit, and the statute does not say it must be. Partial denials: under 520(2) a denial may be made 'as to all or part of the request', so a response that releases part of the records and withholds the rest is a denial (denial_made) that also provides records (records_provided). It goes through the written statement of reasons and the 520(4) internal review, and the non-exempt part is then released at produce, from which the requester may still contest the withholding in court. The statute does not say the release must wait for the review; the order is a modelling convenience, because one exclusive gateway cannot send the same case down two paths at once. The first-response table has no partial-denial rule because 520(1) lists only full denial as option (e). Clarification (520(1)(d) and (3)): asking for clarification of an unclear request is permitted, not required ('may ask', 520(3)(a)); an agency may instead answer an unclear request in another of the five ways, such as an estimate under (c), so the table's input is whether the agency chooses to seek clarification rather than whether the request is unclear. The requester's answer is not a separate step; whether the requester clarified is an input to final_response. If the requester does not answer and the entire request is unclear, the agency need not respond; otherwise it must respond to the clear portions. No time limit for the requester's answer is stated. Estimates (520(1)(c)-(d), 550(2)): the agency's later response must come within its own 'reasonable estimate', not a fixed period, so respond_later has no timer. A requester who thinks an estimate of time or of charges is unreasonable may move the superior court under 550(2), where the agency bears the burden of showing it is reasonable (challenge_estimate, test_estimate). The model offers that motion right after the first response (condition estimate_contested, evaluated before the agency's later response); the statute sets no time for it and does not say what order the court makes, so the path ends with the estimate upheld or with an award of costs. That the 550(4) award applies is an inference for time estimates (an action for 'the right to receive a response to a public record request within a reasonable amount of time') and is not stated for estimates of charges. The duty to respond continues during the motion, which the model does not show. Internet links (520(1)(b)): if the requester says they cannot access the records online, the agency must provide copies or allow viewing on an agency computer. This duty is carried in the response text of the link rules of both tables rather than as a separate step, and the act gives no deadline for it. Request form and content (080): no official format is required, though agencies may recommend a form or web page; a request for all or substantially all of an agency's records is not a valid request for identifiable records, but a request for all records on a topic, keyword or name is; an agency may not deny a request solely as overbroad; it may not distinguish among requesters or ask their purpose except under the cited exemptions; and it may deny a 'bot request' that is one of several from the same requester within 24 hours if responding would cause excessive interference. These shape the request and the denial input but are not separate steps. Fees: charges for copies are governed by RCW 42.56.120, which is not among these sections; 080(2) only requires agency copying facilities to be made available unless that would unreasonably disrupt operations. No payment step is modelled. The legislature's offices (secretary of the senate, chief clerk of the house) follow 520 alongside agencies and are folded into the single 'agency' actor. Court outcomes: 550 sets the agency's burden of proof, de novo review, in camera examination and hearings on affidavits, and mandatory costs and fees plus a discretionary penalty of up to $100 a day for a prevailing requester; it does not spell out an order to produce, so the court path ends at the award or at the agency being upheld. Actions under 550 must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis (550(6)); the timer on file_motion runs from whichever of these applies, which the model does not distinguish. start submit_request respond respond_deadline challenge_estimate respond_later state_reasons internal_review internal_review_deadline produce file_motion_wait file_motion file_motion_timeout file_motion_lapsed court_review test_estimate award_costs no_response_required denial_final records_released agency_upheld estimate_upheld costs_awarded state_reasons_join produce_join file_motion_join award_costs_join respond_gw respond_later_gw internal_review_gw produce_gw court_review_gw test_estimate_gw RCW 42.56.080 § 080(2): “Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter.” Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. sf8 RCW 42.56.080 § 080(2): “agencies shall, upon request for identifiable public records, make them promptly available to any person” agencies shall, upon request for identifiable public records, make them promptly available to any person sf8 sf9 RCW 42.56.520 § 520(1): “must respond in one of the ways provided in this subsection (1)” must respond in one of the ways provided in this subsection (1) initial_response sf9 sf10 RCW 42.56.520 § 520(1): “Within five business days of receiving a public record request” Within five business days of receiving a public record request sf36 P5D RCW 42.56.550 § 550(2): “Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request or a reasonable estimate of the charges to produce copies of public records” Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request or a reasonable estimate of the charges to produce copies of public records sf11 sf28 RCW 42.56.520 § 520(2): “Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request” Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request final_response sf12 sf15 RCW 42.56.520 § 520(4): “Denials of requests must be accompanied by a written statement of the specific reasons therefor.” Denials of requests must be accompanied by a written statement of the specific reasons therefor. sf4 sf19 RCW 42.56.520 § 520(4): “shall establish mechanisms for the most prompt possible review of decisions denying inspection” shall establish mechanisms for the most prompt possible review of decisions denying inspection sf19 sf20 RCW 42.56.520 § 520(4): “such review shall be deemed completed at the end of the second business day following the denial of inspection” such review shall be deemed completed at the end of the second business day following the denial of inspection sf37 P2D RCW 42.56.080 § 080(2): “on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure” on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure sf5 sf24 sf6 sf1 sf2 RCW 42.56.550 § 550(1): “Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency” Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency sf1 sf27 RCW 42.56.550 § 550(6): “Actions under this section must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis.” Actions under this section must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis. sf2 sf3 P1Y RCW 42.56.550 § 550(6) [implied]: “Actions under this section must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis.” Actions under this section must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis. Consequence of missing the deadline inferred sf3 RCW 42.56.550 § 550(1): “may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records” may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records sf27 sf29 RCW 42.56.550 § 550(2): “may require the responsible agency to show that the estimate it provided is reasonable” may require the responsible agency to show that the estimate it provided is reasonable sf28 sf32 RCW 42.56.550 § 550(4): “shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action” shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action sf7 sf35 RCW 42.56.520 § 520(3)(b): “need not respond to it” need not respond to it sf18 RCW 42.56.520 § 520(4): “shall constitute final agency action” shall constitute final agency action sf23 RCW 42.56.080 § 080(2): “Public records shall be available for inspection and copying” Public records shall be available for inspection and copying sf26 RCW 42.56.550 § 550(1): “The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records.” The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records. sf31 RCW 42.56.550 § 550(2): “The burden of proof shall be on the agency to show that the estimate it provided is reasonable.” The burden of proof shall be on the agency to show that the estimate it provided is reasonable. sf34 RCW 42.56.550 § 550(4): “In addition, it shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day” In addition, it shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day sf35 sf13 sf16 sf4 sf14 sf17 sf21 sf5 sf22 sf25 sf36 sf37 sf6 sf30 sf33 sf7 sf10 sf11 sf12 sf13 sf14 sf15 sf16 sf17 sf18 sf20 sf21 sf22 sf23 sf24 sf25 sf26 sf29 sf30 sf31 sf32 sf33 sf34 estimate_contested more_time_needed denial_made records_provided denial_made records_provided no_response_required records_provided denial_contested denial_contested requester_prevails requester_prevails ===== Steps and the words they come from ===== - **Request identifiable records in person, mail or email** — Requester (any person) · //right// (§ 080(2)) \\ “//agencies shall, upon request for identifiable public records, make them promptly available to any person//” - **Respond in one of five ways** — Agency (or the office of the secretary of the senate or chief clerk of the house) · within 5 business days · //obligation// (§ 520(1)) \\ “//must respond in one of the ways provided in this subsection (1)//” - **Move superior court to test the estimate** — Requester (any person) · //right// (§ 550(2)) \\ “//Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request or a reasonable estimate of the charges to produce copies of public records//” - **Respond within estimate, after any clarification** — Agency (or the office of the secretary of the senate or chief clerk of the house) · //obligation// (§ 520(2)) \\ “//Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request//” - **Give written statement of specific denial reasons** — Agency (or the office of the secretary of the senate or chief clerk of the house) · //obligation// (§ 520(4)) \\ “//Denials of requests must be accompanied by a written statement of the specific reasons therefor.//” - **Review the denial as promptly as possible** — Agency (or the office of the secretary of the senate or chief clerk of the house) · within 2 business days · //obligation// (§ 520(4)) \\ “//shall establish mechanisms for the most prompt possible review of decisions denying inspection//” - **Make records promptly available, in installments if needed** — Agency (or the office of the secretary of the senate or chief clerk of the house) · //obligation// (§ 080(2)) \\ “//on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure//” - **Move superior court to order show cause** — Requester (any person) · within 1 years · //right// (§ 550(1)) \\ “//Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency//” - **Require agency to show cause; review de novo** — Superior court of the county where the record is maintained · //permission// (§ 550(1)) \\ “//may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records//” - **Require agency to show estimate is reasonable** — Superior court of the county where the record is maintained · //permission// (§ 550(2)) \\ “//may require the responsible agency to show that the estimate it provided is reasonable//” - **Award prevailing requester costs and attorney fees** — Superior court of the county where the record is maintained · //obligation// (§ 550(4)) \\ “//shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action//” ===== Which of the five responses does the agency give within five business days? ===== Decision table (DMN), hit policy FIRST. ^ Agency denies the request ^ Agency asks requester to clarify an unclear request ^ Records can be provided now ^ Specific records are on the agency website ^ → Response ^ → Request denied ^ → Agency takes more time ^ → Records provided ^ → Clarification requested ^ Source ^ | true | - | - | - | Deny the request | true | false | false | false | § 520(1)(e) | | false | true | - | - | Acknowledge receipt; ask for clarification; estimate time if not clarified | false | true | false | true | § 520(1)(d) | | false | false | true | true | Give link; copies or agency computer if requester cannot go online | false | false | true | false | § 520(1)(b) | | false | false | true | false | Provide the record | false | false | true | false | § 520(1)(a) | | false | false | false | - | Acknowledge receipt; give reasonable estimate of time to respond | false | true | false | false | § 520(1)(c) | ===== How does the agency respond once the estimated time has run or clarification is sought? ===== Decision table (DMN), hit policy FIRST. ^ Clarification was requested ^ Requester answered the clarification request ^ Entire request is unclear ^ All requested records are exempt ^ Part of the requested records is exempt ^ Specific records are on the agency website ^ → Response ^ → Request denied ^ → Records provided (in whole or in part) ^ → No response required ^ Source ^ | true | false | true | - | - | - | No response required: entire request unclear and not clarified | false | false | true | § 520(3)(b) | | - | - | - | true | - | - | Deny the request | true | false | false | § 520(2) | | - | - | - | false | true | - | Deny the exempt part in writing with reasons; release the rest after review | true | true | false | § 520(2) | | - | - | - | false | false | true | Give link to the records; copies or agency computer if requester cannot access the internet | false | true | false | § 520(1)(b) | | - | - | - | false | false | false | Provide the records (at least the portions of the request that are clear) | false | true | false | § 520(3)(b) | ===== What the text leaves open ===== * Missed five-business-day deadline (RCW 42.56.520(1)): the act does not say that silence is a denial, so the consequence is 'unstated'. The timer routes to the requester's court motion because RCW 42.56.550(4) awards costs to a person who prevails in an action seeking 'the right to receive a response to a public record request within a reasonable amount of time'; that this is the route for a missed five-day response is an inference, and 550(1) itself speaks of a person 'denied an opportunity to inspect or copy'. On that no-response path neither anchor of the 550(6) one-year limit (a claim of exemption or a last installment production) occurs, so the act sets no start for that period; the one-year timer on file_motion still runs there in the model, which is an inference. * Internal review (520(4)): the statute requires agencies to establish review mechanisms but does not say who starts the review, whether the requester must ask for it, or what a review that reverses the denial leads to. Review is shown as following every written denial; at the end of the second business day it is deemed completed and becomes final agency action, which the model treats as 'deemed-denial' with the timer leading to the court motion. The model does not require the review to be exhausted before suit, and the statute does not say it must be. * Partial denials: under 520(2) a denial may be made 'as to all or part of the request', so a response that releases part of the records and withholds the rest is a denial (denial_made) that also provides records (records_provided). It goes through the written statement of reasons and the 520(4) internal review, and the non-exempt part is then released at produce, from which the requester may still contest the withholding in court. The statute does not say the release must wait for the review; the order is a modelling convenience, because one exclusive gateway cannot send the same case down two paths at once. The first-response table has no partial-denial rule because 520(1) lists only full denial as option (e). * Clarification (520(1)(d) and (3)): asking for clarification of an unclear request is permitted, not required ('may ask', 520(3)(a)); an agency may instead answer an unclear request in another of the five ways, such as an estimate under %%(c)%%, so the table's input is whether the agency chooses to seek clarification rather than whether the request is unclear. The requester's answer is not a separate step; whether the requester clarified is an input to final_response. If the requester does not answer and the entire request is unclear, the agency need not respond; otherwise it must respond to the clear portions. No time limit for the requester's answer is stated. * Estimates (520(1)%%(c)%%-(d), 550(2)): the agency's later response must come within its own 'reasonable estimate', not a fixed period, so respond_later has no timer. A requester who thinks an estimate of time or of charges is unreasonable may move the superior court under 550(2), where the agency bears the burden of showing it is reasonable (challenge_estimate, test_estimate). The model offers that motion right after the first response (condition estimate_contested, evaluated before the agency's later response); the statute sets no time for it and does not say what order the court makes, so the path ends with the estimate upheld or with an award of costs. That the 550(4) award applies is an inference for time estimates (an action for 'the right to receive a response to a public record request within a reasonable amount of time') and is not stated for estimates of charges. The duty to respond continues during the motion, which the model does not show. * Internet links (520(1)(b)): if the requester says they cannot access the records online, the agency must provide copies or allow viewing on an agency computer. This duty is carried in the response text of the link rules of both tables rather than as a separate step, and the act gives no deadline for it. * Request form and content (080): no official format is required, though agencies may recommend a form or web page; a request for all or substantially all of an agency's records is not a valid request for identifiable records, but a request for all records on a topic, keyword or name is; an agency may not deny a request solely as overbroad; it may not distinguish among requesters or ask their purpose except under the cited exemptions; and it may deny a 'bot request' that is one of several from the same requester within 24 hours if responding would cause excessive interference. These shape the request and the denial input but are not separate steps. * Fees: charges for copies are governed by RCW 42.56.120, which is not among these sections; 080(2) only requires agency copying facilities to be made available unless that would unreasonably disrupt operations. No payment step is modelled. * The legislature's offices (secretary of the senate, chief clerk of the house) follow 520 alongside agencies and are folded into the single 'agency' actor. Court outcomes: 550 sets the agency's burden of proof, de novo review, in camera examination and hearings on affidavits, and mandatory costs and fees plus a discretionary penalty of up to $100 a day for a prevailing requester; it does not spell out an order to produce, so the court path ends at the award or at the agency being upheld. * Actions under 550 must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis (550(6)); the timer on file_motion runs from whichever of these applies, which the model does not distinguish. ===== Checks ===== * Quotes checked word for word: 32 (0 not exact) * BPMN / DMN schema errors: 0 / 0; bpmnlint errors: 0 * Petri nets sound: 1 of 1 * Sections used: RCW 42.56.520, RCW 42.56.080, RCW 42.56.550 ← [[lexflow:wa|Washington]] · [[lexflow:start|lexflow models]]