RCW 42.56.550
Judicial review of agency actions.
(1) Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency, the superior court in the county in which a record is maintained 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. 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.
(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, the superior court in the county in which a record is maintained may require the responsible 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.
(3) Judicial review of all agency actions taken or challenged under RCW 42.56.030 through 42.56.520 shall be de novo. Courts shall take into account the policy of this chapter that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others. Courts may examine any record in camera in any proceeding brought under this section. The court may conduct a hearing based solely on affidavits.
(4) Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record or the right to receive a response to a public record request within a reasonable amount of time shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. 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 that he or she was denied the right to inspect or copy said public record.
(5) For actions under this section against counties, the venue provisions of RCW 36.01.050 apply.
(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.
[ 2017 c 304 § 5; 2011 c 273 § 1. Prior: 2005 c 483 § 5; 2005 c 274 § 288; 1992 c 139 § 8; 1987 c 403 § 5; 1975 1st ex.s. c 294 § 20; 1973 c 1 § 34 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.340.]
NOTES:
Intent—Severability—1987 c 403: See notes following RCW 42.56.050.
Application of chapter 300, Laws of 2011: See note following RCW 42.56.565.
Structure Revised Code of Washington
Title 42 - Public Officers and Agencies
Chapter 42.56 - Public Records Act.
42.56.040 - Duty to publish procedures.
42.56.050 - Invasion of privacy, when.
42.56.060 - Disclaimer of public liability.
42.56.070 - Documents and indexes to be made public—Statement of costs.
42.56.080 - Identifiable records—Facilities for copying—Availability of public records.
42.56.090 - Times for inspection and copying—Posting on website.
42.56.100 - Protection of public records—Public access.
42.56.110 - Destruction of information relating to employee misconduct.
42.56.120 - Charges for copying.
42.56.130 - Other provisions not superseded.
42.56.140 - Public records exemptions accountability committee.
42.56.150 - Training—Local elected and statewide elected officials.
42.56.152 - Training—Public records officers.
42.56.155 - Assistance by attorney general.
42.56.210 - Certain personal and other records exempt.
42.56.230 - Personal information.
42.56.235 - Religious affiliation exemption.
42.56.240 - Investigative, law enforcement, and crime victims.
42.56.250 - Employment and licensing.
42.56.260 - Real estate transactions.
42.56.270 - Financial, commercial, and proprietary information.
42.56.280 - Preliminary drafts, notes, recommendations, intra-agency memorandums.
42.56.290 - Agency party to controversy.
42.56.300 - Archaeological sites.
42.56.315 - Certain student information.
42.56.320 - Educational information.
42.56.325 - Statewide electronic repository for school meals.
42.56.330 - Public utilities and transportation.
42.56.350 - Health professionals.
42.56.355 - Interstate medical licensure compact.
42.56.380 - Agriculture and livestock.
42.56.390 - Emergency or transitional housing.
42.56.400 - Insurance and financial institutions.
42.56.403 - Property and casualty insurance statements of actuarial opinion.
42.56.410 - Employment security department records, certain purposes.
42.56.422 - Office of cybersecurity—Reports and information.
42.56.430 - Fish and wildlife.
42.56.440 - Veterans' discharge papers—Exceptions.
42.56.450 - Check cashers and sellers licensing applications.
42.56.460 - Fireworks and explosives.
42.56.470 - Correctional industries workers.
42.56.475 - Department of corrections.
42.56.510 - Duty to disclose or withhold information—Otherwise provided.
42.56.520 - Prompt responses required.
42.56.530 - Review of agency denial.
42.56.540 - Court protection of public records.
42.56.550 - Judicial review of agency actions.
42.56.560 - Application of RCW 42.56.550.
42.56.565 - Inspection or copying by persons serving criminal sentences—Injunction.
42.56.570 - Explanatory pamphlet—Advisory model rules—Consultation and training services.
42.56.580 - Public records officers.
42.56.590 - Personal information—Notice of security breaches.
42.56.592 - Personal information—Covered entities.
42.56.594 - Personal information—Consumer protection.
42.56.600 - Mediation communications.
42.56.610 - Certain information from dairies and feedlots limited—Rules.
42.56.615 - Enumeration data used by the office of financial management for population estimates.
42.56.620 - Cannabis research licensee reports.
42.56.625 - Medical cannabis authorization database.
42.56.640 - Vulnerable individuals, in-home caregivers for vulnerable populations.
42.56.645 - Release of public information—2017 c 4 (Initiative Measure No. 1501).
42.56.650 - Health carrier data.
42.56.655 - Explosives exemption report.
42.56.660 - Agency employee records.
42.56.665 - Agency employee records—Civil liability.
42.56.670 - Agency employee records—Model policies.
42.56.675 - Agency employee records—Lists of names.
42.56.680 - Residential real property information and borrower personal information.
42.56.690 - Victim and witness notification program.