WSR 17-16-021
EMERGENCY RULES
CONSOLIDATED TECHNOLOGY SERVICES
[Filed July 20, 2017, 4:25 p.m., effective July 20, 2017, 4:25 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: To implement HB 1594 and [EHB] 1595 to allow consolidated technology services (CTS) to charge fees for production of records and adopt the schedule of costs laid out in RCW 42.56.120, as amended.
Citation of Existing Rules Affected by this Order: Repealing WAC 143-06-090; and amending WAC 143-06-160.
Statutory Authority for Adoption: Amendments to chapter 42.56 RCW.
Other Authority: RCW 43.105.057.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The bill allows agencies to charge for the production of records only after providing notice and public hearing. This emergency rule making will allow CTS to use the one hundred twenty day effective period for a more thorough rule-making process.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 21 [20], 2017.
M. Callahan
Contracts Attorney
NEW SECTION
WAC 141-06-170 Calculations of action costs of producing copies of public records declared to be unduly burdensome - adoption of statutory fee schedule.
(1) Consolidated Technology Services has deemed the actual calculation of costs to the agency for producing responsive records to a public records request is unduly burdensome, because:
(i) The office does not have the resources to conduct a study to determine all its actual copying costs;
(ii) staff resources are insufficient to perform a study and to calculate such actual costs;
(iii) funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations;
(iv) to conduct such a study would interfere with other essential agency functions; and
(v) through the 2017 legislative process, the public and requesters have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).
As such, Consolidated Technology Services shall charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). Consolidated Technology Services will charge for customized services pursuant to 42.56.120(3). Under RCW 42.56.130, Consolidated Technology Services may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. Consolidated Technology Services may enter into an alternative fee agreement with a requester under RCW 42.56.120(4).
(2) This fee schedule will be set forth on the Consolidated Technology Services Agency website and be updated with subsequent changes to RCW 42.56 or further Consolidated Technology rule-making.
Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 141-06-170 is probably intended to be WAC 143-06-170.
NEW SECTION
WAC 141-06-180 Fee waivers
Requesters are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions.
(a) It is within the discretion of the public records officer to waive copying fees when: (i) all of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or (ii) all of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of 100 printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requester will be charged in accordance with this rule.
(b) Fee waivers are not applicable to records provided in installments.
Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 141-06-180 is probably intended to be WAC 143-06-180.
NEW SECTION
WAC 141-06-190 Requestor fees and deposits
Consolidated Technology Services shall require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.
All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. Consolidated Technology Services will notify the requester of when payment is due.
Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 141-06-190 is probably intended to be WAC 143-06-190.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 143-06-090
Copying.
AMENDATORY SECTION (Amending WSR 00-01-028, filed 12/7/99, effective 1/7/00)
WAC 143-06-160 Records in possession of data processing service centers.
No public records of users of department services shall be made available for public inspection or copying by the department without the express written authorization of the user.
Requests for inspection or copying of public records of the user, held or maintained by the center, shall be referred to the user for determination as to the right of public access to such records, pursuant to chapter 42.17 56 RCW. Costs incurred by the department in providing access to or copies of public records of the user pursuant to chapter 42.17 RCW shall be paid by the user.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.