Review of Agency Denials

Record requests are only denied if the records requested are exempt. Every denial must include 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 (RCW 42.56.210 ). If you disagree with this denial, you are have two options:

Attorney General Review

Per RCW 42.56.530 , whenever a state agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request the attorney general  to review the matter. The attorney general shall provide the person with his or her written opinion on whether the record is exempt.

Judicial Review

Per RCW 42.56.550 , you may pursue judicial review by the superior court in the county in which the record is maintained when:

  • You've been denied an opportunity to inspect or copy a public record by an agency.
  • You believe that an agency has not made a reasonable estimate of time that the agency requires to response to a public record request.

Agencies must internally review all denials and reviews shall be deemed completed at the end of the second business day following the denial of inspection, and shall constitute final agency action for the purposes of judicial review (RCW 42.56.520 ). Judicial reviews 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.