WSR 17-19-097
PROPOSED RULES
CENTRALIA COLLEGE
[Filed September 19, 2017, 11:27 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-003.
Title of Rule and Other Identifying Information: Charges for public records.
Hearing Location(s): On October 24, 2017, at 8:00 – 9:30 a.m., at the Centralia College, Hanson Boardroom.
Date of Intended Adoption: October 31, 2017.
Submit Written Comments to: Julie D. Huss, Vice President, Human Resources and Legal Affairs, 600 Centralia College Boulevard, Centralia, WA 98531, email julie.huss@centralia.edu, fax 360-330-7103, other 360-623-8474.
Assistance for Persons with Disabilities: Contact Julie D. Huss, Vice President, Human Resources and Legal Affairs, phone 360-623-8474, fax 360-330-7103, email julie.huss@centralia.edu, other candi.fetch@centralia.edu.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The passage of EHB 1595 authorizes state agencies to establish the costs of public records requests. The rule is necessary to adopt and implement a schedule of default fees.
Reasons Supporting Proposal: The passage of EHB 1595 authorizes state agencies to establish the costs of public records requests. The rule is necessary to adopt and implement a schedule of default fees.
Statutory Authority for Adoption: RCW 46.56.120 and EHB 1595.
Statute Being Implemented: WAC 132L-276-085 Charges for public records.
Name of Proponent: Centralia College, governmental.
Name of Agency Personnel Responsible for Drafting: Candice L. Fetch, 600 Centralia College Boulevard, Centralia, WA 98531, 360-623-8401; Implementation: Julie D. Huss, 600 Centralia College Boulevard, Centralia, WA 98531, 360-623-8474; and Enforcement: Dr. Bob Mohrbacher, 600 Centralia College Boulevard, Centralia, WA 98531, 360-623-8552.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
September 19, 2017
Bob Mohrbacher, Ed.D.
President
NEW SECTION
WAC 132L-276-085 Charges for public records.
Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b). The college may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor. The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 132L-276-090
Copying.