WSR 97-01-018

PERMANENT RULES

WASHINGTON STATE PATROL

[Filed December 9, 1996, 9:27 a.m.]

Date of Adoption: December 4, 1996.

Purpose: To set reasonable fees to cover actual costs to produce copies of public records as allowed by chapter 341, Laws of 1995.

Citation of Existing Rules Affected by this Order: Amending WAC 446-10-090.

Statutory Authority for Adoption: RCW 42.17.250, 42.17.300.

Adopted under notice filed as WSR 96-21-065 on October 15, 1996.

Changes Other than Editing from Proposed to Adopted Version: Language was changed to allow the agency the option to release public documents to the requester prior to receiving payment. This change is less restrictive than previous verbiage which required prepayment.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 6, 1996

Annette M. Sandberg

Chief

AMENDATORY SECTION (Amending WSR 90-10-097, filed 5/2/90, effective 6/2/90)

WAC 446-10-090 Charge for public records. No fee shall be charged for the inspection of public records. The department shall charge a fee of ((ten)) fifteen cents per page of copy for providing copies of written public records and for use of the department copy and duplicating equipment, and actual costs for postage, mailing and ((UPS)) shipping services. The department may charge the actual cost for providing copies of public records, including duplications of photographs, audio tapes, video tapes, diagrams and/or drawings of collision scenes. These charges are the amounts necessary to reimburse the department for its actual costs incident to such copying and mailing.

Payment for the copying of public records may be required by the department prior to the release of the documents to the requester. Only company checks, money orders, or personal checks will be accepted as payment. No cash shall be allowed.