WSR 17-16-038 EMERGENCY RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed July 24, 2017, 7:28 a.m., effective July 24, 2017, 7:28 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: In 2017, EHB 1595 authorized the office of superintendent of public instruction (OSPI), along with other Washington state agencies, to charge for the copying and transmission of certain public records, including records stored in an electronic format. Under EHB 1595, these fees must be identified in agency rules or following an opportunity for notice and comment. OSPI is temporarily adopting fees under EHB 1595 and is considering permanent adoption of these fees.
Citation of Existing Rules Affected by this Order: Amending WAC 392-105-030.
Other Authority: EHB 1595 (2017).
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Immediate adoption of this rule is necessary for the preservation of the general welfare. OSPI currently imposes charges for copying public records. If OSPI failed to adopt this rule upon the effective date of HB [EHB] 1595, the agency would lose its authority to continue charging costs for providing public records and the cost would be shifted to other agency resources, impacting the delivery of agency services to public school districts and children. Observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would accordingly be contrary to the public interest.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 24, 2017.
Chris P. S. Reykdal
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 93-07-039, filed 3/11/93, effective 4/11/93)
WAC 392-105-030 Charges for copying.
(1) Pursuant to RCW 42.56.120 (2)(b), the office of superintendent of public instruction has determined that calculating the actual costs the agency charges for providing public records is unduly burdensome. The office of superintendent of public instruction does not use a single staffing or equipment resource when responding to public records requests. Rather, the agency uses assorted equipment located across the agency to photocopy, scan, upload, or transmit records for the public. The actual costs of using this equipment varies across the agency's cost centers. The office of superintendent of public instruction does not have budget capacity to perform a cost study for these purposes.
(2) No fee shall be charged for the inspection of public records. The superintendent of public instruction ((may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records; such charges shall not exceed the amount necessary to reimburse SPI for its actual costs incident to such copying.)) imposes the following charges for the costs of copying public records:
(a) Fifteen cents per page for photocopies of public records, printed copies of electronic public records when requested by the person requesting records, or for the use of agency equipment to photocopy public records;
(b) Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;
(c) Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;
(d) Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The agency shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations; and
(e) The actual cost of any digital storage media or device provided by the agency, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.
(3) No person shall be released a record so copied until and unless the person requesting the copied public record has tendered payment for such copying to the appropriate official. All charges must be paid by money order, check, or cash in advance.
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