In November, the Department of Revenue denied our appeal to review its policy findings and letter rulings related to the Royalty Tax (with taxpayer information redacted).
The Attorney General is currently reviewing the denial of our public records request. By statute, anyone denied public records can request a review by the Attorney General's office to determine if the denial was improper. In our request, we stated:
The Department of Revenue's refusal to redact findings regarding the Royalty Tax law make it impossible for the public to review, ascertain or challenge the policies and precedents with which the department is using to enforce the tax. The department is effectively maintaining a veil of secrecy around policy related to this tax.
As I have provided information to the department that seems to indicate it is not properly enforcing the tax, its failure to provide these documents seems material.
Violations of the public records act can cost the state significant funds. In 2005, Washington settled with conservative blogger Stefan Sharkansky for $225,000 (more on Washington's costly public records denials). Says another litigant, "There ought to be a way for citizens to have access to public records without having to hire a lawyer."
