WSR 17-23-060
PERMANENT RULES
HORSE RACING COMMISSION
[Filed November 13, 2017, 8:13 a.m., effective December 14, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Updates the public records section to comply with HB [EHB] 1595 regarding the cost of producing public records.
Citation of Rules Affected by this Order: Amending WAC 260-09-070.
Statutory Authority for Adoption: RCW 67.16.020.
Adopted under notice filed as WSR 17-19-117 on September 20, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 9, 2017.
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 10-05-065, filed 2/12/10, effective 3/15/10)
WAC 260-09-070 Costs of providing copies of public records.
(1) There is no fee for inspecting public records. ((A requestor may obtain standard black and white photocopies for fifteen cents per page. (There is no charge for photocopies of twenty pages or less.)
Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The commission will not charge sales tax when it makes copies of public records.
(2) Costs for electronic records. The cost of electronic copies of records shall be one dollar for information on a CD-ROM. There will be no charge for emailing electronic records to a requestor, unless another cost applies such as a scanning fee.
(3) Costs of mailing. The commission may also charge actual costs of mailing, including the cost of the shipping container.
(4))) Pursuant to RCW 42.56.120(2), the Washington horse racing commission deems that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records. Staff resources are insufficient to perform a study and to calculate actual costs and a study would interfere with other essential agency functions.
(2) The Washington horse racing commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.
(3) It is within the discretion of the public records officer to waive copying fees when all of the records responsive to the entire request are paper copies only and are fewer than twenty-five pages, or all of the records to an entire request are electronic and can be provided in a single email. If that email, for any reason, is not deliverable, the records will be provided through another means of delivery and the requestor will be charged in accordance with this rule.
(4) The public records officer may require an advance deposit of ten percent of the estimated fees, when copying fees for an installment or entire request exceeds twenty-five dollars.
(5) Payment. Payment may be made by cash, check, or money order to the Washington horse racing commission.