WSR 17-23-024
PERMANENT RULES
CENTRALIA COLLEGE
[Filed November 6, 2017, 2:26 p.m., effective December 7, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The passage of EHB 1595 authorizes state agencies to establish the costs of public records requests. The rule is necessary to adopt and implement a schedule of default fees.
Citation of Rules Affected by this Order: New WAC 132L-276-085 Charges for public records; and repealing WAC 132L-276-090 Copying.
Statutory Authority for Adoption: RCW 46.56.120 and EHB 1595.
Adopted under notice filed as WSR 17-19-097 on September 19, 2017.
A final cost-benefit analysis is available by contacting Julie D. Huss, Vice President, Human Resources and Legal Affairs, 600 Centralia College Boulevard, Centralia, WA 98531, phone 360-623-8474, fax 360-330-7103, email julie.huss@centralia.edu, web site www.centralia.edu.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 1.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 31, 2017.
Dr. Bob Mohrbacher
President
NEW SECTION
WAC 132L-276-085 Charges for public records.
Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b). The college may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor. The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 132L-276-090
Copying.