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July 29, 2016 <br />SUBPART F — COMPLIANCE AND ENFORCEMENT <br />Section 26.109 Information, Confidentiality, Cooperation and intimidation or <br />retaliation <br />We will safeguard from disclosure to third parties information that may reasonably be <br />regarded as confidential business information, consistent with Federal, state, and local <br />law. The Washington Public Records Act defines records as "any writing containing <br />information relating to the conduct of government or the performance of any <br />governmental or proprietary function prepared, owned, used, or retained by any state or <br />local agency regardless of physical form or characteristics." (Washington Revised Code <br />§ 42.56.010). Anyone can request records and a statement of purpose is not required, <br />nor are there restrictions placed on the use of records. The Washington Public Records <br />Act allows 5 days for records responses. Exempt records include personal student or <br />patient information; employee files; and some investigative records. (§ 42.56.210, § <br />42.56.230, and § 42.56.240. <br />Notwithstanding any provision of Federal or state law, we will not release any <br />information that may reasonably be construed as confidential business information to <br />any third party without the written consent of the firm that submitted the information. <br />This includes applications for DBE certification and supporting information. However, <br />we will transmit this information to DOT in any certification appeal proceeding under § <br />26.89 of this part or to any other state to which the individual's firm has applied for <br />certification under § 26.85 of this part. <br />All participants in the Department's DBE program (including, but not limited to, <br />recipients, DBE firms and applicants for DBE certification, complainants and appellants, <br />and contractors using DBE firms to meet contract goals) are required to cooperate fully <br />and promptly with DOT and recipient compliance reviews, certification reviews, <br />investigations, and other requests for information. Failure to do so shall be a ground for <br />appropriate action against the party involved (e.g., with respect to recipients, a finding of <br />noncompliance; with respect to DBE firms, denial of certification or removal of eligibility <br />and/or suspension and debarment; with respect to a complainant or appellant, dismissal <br />of the complaint or appeal; with respect to a contractor which uses DBE firms to meet <br />goals, findings of non -responsibility for future contracts and/or suspension and <br />debarment). <br />The Kittitas County, contractor, or any other participant in the program will not <br />intimidate, threaten, coerce, or discriminate against any individual or firm for the <br />purpose of interfering with any right or privilege secured by this part or because the <br />individual or firm has made a complaint, testified, assisted, or participated in any <br />manner in an investigation, proceeding, or hearing under this part. If we violate this <br />prohibition, we are in noncompliance with this part. <br />20 <br />