Public Hearing Set for Tomorrow on Updates to Washington’s Public Records 'Model Rules'
Washington state residents have until Tuesday afternoon to weigh in on newly proposed revisions to the rules that guide how government agencies handle public records requests.
The Washington State Attorney General’s Office has scheduled a public hearing for Tuesday, June 30, 2026, from 3:00 p.m. to 5:00 p.m. in Olympia. Written comments will also be accepted until 5:00 p.m. the same day.
At the heart of the hearing are updates to the state’s Public Records Act Model Rules. While not strictly binding laws themselves, these model rules act as a highly influential “best practices” guide.
State agencies, county departments, and local municipalities—such as the La Conner Town Council, which recently updated its own policies—frequently use them as a foundational blueprint for drafting municipal public records procedures.
The current working draft represents a second round of revisions based on previous public feedback received by the AGO.
A review of the proposed text highlights several key shifts that could change how local governments manage data and interact with citizens seeking government documents:
A Timeline for Personal Devices: Acknowledging the modern reality of off-the-clock communications, the new rules attempt to create a strict timeline for records retention. Under the proposed WAC 44-14-030, if agency employees create or receive public records on personal devices or personal accounts, they must transfer or copy those records to a work device or account within five business days. Exceptions are made only for “unusual circumstances.”
Fast-Tracking “Simple” Requests: The rules encourage agencies to set up a triage system, dividing requests into simple and complex tracks. If a citizen requests a “single, specific, available, identifiable record” that requires limited review for exemptions, the agency will “endeavor to produce the request within five business days if practicable.”
Changes to Third-Party Notifications: If a requested record contains sensitive information about a private citizen or business, the agency may notify that third party to give them a chance to file a court injunction against the record’s release. A significant change was made to the wording of this rule: previous language stated an agency could notify third parties if disclosure “may substantially and irreparably damage any person or vital governmental function.” That strict language has been struck from the current draft. Now, the lower bar simply states an agency may give notice if the records “may affect rights of others and may be exempt from disclosure.”
Denying “Bot” Requests: In response to modern technological burdens, the revisions explicitly allow agencies to deny automated “bot” requests—defined as multiple records requests reasonably believed to be automatically generated by a computer program or script within a 24-hour period—if responding would cause excessive interference with essential agency functions.
Clarity on Legal Deadlines: New guidelines dictate that when an agency officially closes a records request, it must provide a written communication stating the reason for closure, the date closed, and the date from which the one-year statute of limitations to seek judicial review begins to run. This ensures the public is explicitly aware of their legal timeline to challenge an agency’s decision.
How to Participate
The outcome of these model rules will likely shape public records access in municipalities across Washington for years to come. Residents wishing to make their voices heard on the proposed rule changes can participate in several ways:
Attend In-Person: The hearing takes place Tuesday, June 30, from 3:00 p.m. to 5:00 p.m. at the John A. Cherberg Building, Rooms ABC, located at 304 15th Ave. SW in Olympia.
Attend via Zoom: The public can watch the hearing online or register to provide oral comments virtually. Links to the Zoom registration and the full text of the proposed changes can be found on the Attorney General’s Rulemaking Activity webpage at www.atg.wa.gov/rulemaking-activity. Registration to speak via Zoom must be completed by noon on Tuesday, June 30.
Submit Written Comments: Those who prefer to submit written feedback must email their comments to agorulemaking@atg.wa.gov. The deadline for written submissions is 5:00 p.m. on Tuesday, June 30.