WSR 14-22-096 PERMANENT RULES MILITARY DEPARTMENT [Filed November 4, 2014, 12:35 p.m., effective December 5, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: To clarify when and how the agency will charge for providing records.
Citation of Existing Rules Affected by this Order: Amending WAC 323-10-070 Costs of providing copies of public records.
Statutory Authority for Adoption: RCW 42.56.040.
Adopted under notice filed as WSR 14-18-071 on September 2, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 4, 2014.
Chris Barnes
Public Records Officer
AMENDATORY SECTION (Amending WSR 12-09-089, filed 4/18/12, effective 5/19/12)
WAC 323-10-070 Costs of providing copies of public records.
(1) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain standard black and white photocopies for fifteen cents per page. Copies in color or larger-sized documents cost will be based on the actual cost to reproduce them at the time of the request.
((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 military department 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 free for information on a CD-ROM when the information already exists in electronic format and it only has to be copied to a CD.)) The cost of scanning existing office paper or other nonelectronic records is six cents per page. There will be no charge for e-mailing electronic records to a requestor, unless another cost applies such as a scanning fee. The charge for electronic records provided on any medium other than e-mail will be in the amount necessary to reimburse the actual cost to the agency.
(3) Deposits. Before beginning to make copies or scanning responsive records, 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 or scanning costs before providing all the records, or the payment of the costs of copying or scanning an installment before providing that installment. The military department will not charge sales tax when it makes copies of or scans public records.
(4) Costs of mailing. The military department may also charge actual costs of mailing, including the cost of the shipping container.
(((4))) (5) Payment. Payment may be made by cash, check, or money order to the military department.
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