WSR 17-16-115 EMERGENCY RULES DEPARTMENT OF AGRICULTURE [Filed July 31, 2017, 9:41 a.m., effective July 31, 2017, 9:41 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Chapter 16-06 WAC establishes procedures the department follows to provide full access to public records and to implement the provisions of the Public Records Act (chapter 42.56 RCW). The rule establishes procedures for the department to follow in response to requests for public records, including the schedule used by the department for recovering the costs of producing public records. This rule-making order amends chapter 16-06 WAC by:
(1) Explaining the reasons that it would be unduly burdensome for the department to establish the actual costs it charges for providing copies of public records as required by RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017.
(2) Adopting the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.
Citation of Existing Rules Affected by this Order: Amending WAC 16-06-200.
Statutory Authority for Adoption: RCW 42.56.120, as amended by chapter 304, Laws of 2017.
Other Authority: Chapter 34.05 RCW.
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: EHB 1595 (chapter 304, Laws of 2017) requires rule making regardless of whether the agency proposes to charge actual costs for producing public records, charge in accordance with the statutory schedule, or waive fees for producing public records. The department proposes to charge the statutory fees. Under EHB 1595, to charge the statutory fees, the department must adopt a rule declaring that charging actual costs would be unduly burdensome. Because the department's current rule does not meet such requirements, the department may be challenged for charging a cost for producing public records under current rule. Being unable to charge for producing records imposes a burden on the department where the request involves a large number of records.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.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 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 31, 2017.
Kirk Robinson
Deputy Director
AMENDATORY SECTION (Amending WSR 17-06-034, filed 2/23/17, effective 3/26/17)
WAC 16-06-200 Costs of disclosure.
(1) No fee will be charged for the inspection of public records.
(2) ((The department charges a fee of fifteen cents per page of photocopy when copy charges exceed twenty dollars for providing copies of public records. The department may also charge actual costs of mailing, including the cost of the shipping container. This charge is the amount necessary to reimburse the department for copying costs incident to the disclosure request.)) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the department declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: 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; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.
(3) The department may charge ((the actual cost involved for the duplication of tape recordings, video tapes, photographs, slides, postage, other electronic records, or delivery if these costs exceed twenty dollars)) 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.
(4) The public records officer may waive the fee when the expenses of processing payment exceeds the costs of providing copies.
(((5) Electronic records: The department charges a fee of five cents per page of scanned copy when the costs exceed twenty dollars and the records are converted from paper to electronic format, upon request. There will be no charge for emailing electronic records to a requestor unless another cost applies.))
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