AGO Releases More Proposed PRA Model Rules Amendments – Another Chance to Comment!

Since late 2024, the Washington State Attorney General’s Office (AGO) has been considering proposed amendments to the model rules that help local governments and state agencies meet their obligations under the Public Records Act (PRA, RCW 42.56.570).

The PRA Model Rules serve as advisory guidelines to promote uniformity and clarity in the public records process. While non-binding, they are intended to assist agencies in developing their own policies and practices for managing public records requests.

Background

Our blog Feedback Needed on Proposed Changes to the Public Records Act Model Rules described how the 2024 process was kicked off by a petition from state-based news media. These news sources recommended substantive changes to the PRA, hoping, in part, to address what they alleged to be slow responses they encountered when submitting records requests to Washington local and state public agencies.

Since then, the AGO began its own formal rulemaking process to amend the PRA Model Rules to emphasize timely and diligent responses to records requests (including the timing of providing third-party notice of records requests) and to comply with other new requirements. A public hearing was held, and public comments were originally accepted on the AGO’s proposed changes in November 2025. 

New Revisions, New Opportunities to Comment

The AGO received many comments on the proposed amendments to the model rules and, from that, developed additional proposed revisions. This means that the AGO has reopened public comment and will hold another public hearing on the additional proposed revisions.

A “tracked changes” version of the proposed amendments is available which differentiates between the original proposed amendments and the new additions.

Altogether, proposed changes include:

• Adding the words “prompt” and “timely” throughout the rules.
• Encouraging a “triaging” process to sort requests based on complexity so simpler requests might be completed in a more timely manner.
• Addressing the options for agencies to meet the obligation to create an index of public records as required by RCW 42.56.070(3), including to issue a formal order when doing so would be “unduly burdensome.”
• Requiring public employees and officials to move public records off of private devices and accounts within five business days or as soon as practicable.
• Detailing the recommended (albeit not mandatory) process for submitting records requests to agencies.
• Taking a requestor’s identified reason for why “time is of the essence” when attempting to make records available and working with the requestor to prioritize records when meeting that time frame is not practicable.
• Limiting the provision of discretionary third-party notice under RCW 42.56.540 to persons named in the record or to whom the records pertain and only when there is a reasonable belief that records are arguably exempt from disclosure, without otherwise impacting when mandatory notice is required by law.
• Detailing the requirements for communicating that a request is closed and/or completed in compliance with Cousins v. DOC (2024).
• Replacing gendered language throughout.

How to Participate

The public hearing is scheduled for June 30, 2026, in Olympia and zia Zoom. Registration is available on the AGO’s Rulemaking Activity page.

Written comments can be submitted no later than June 30, 2006, at 5:00 PM via email at  agorulemaking@atg.wa.gov.

 To stay informed of the rulemaking process, interested folks should sign-up to receive the AGO's emails on the process.