WSR 17-20-022 PROPOSED RULES OFFICE OF THE
INSURANCE COMMISSIONER
[Insurance Commissioner Matter No. R 2017-05—Filed September 26, 2017, 2:56 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-13-080. Title of Rule and Other Identifying Information: Public records requests copy charges. Hearing Location(s): On November 14, 2017, at 1:00 p.m., at the Office of the Insurance Commissioner (OIC), Training Room, TR 120, 5000 Capitol Boulevard S.E., Tumwater, WA 98504. Date of Intended Adoption: November 17, 2017. Submit Written Comments to: Stacy Middleton, P.O. Box 40258, Olympia, WA 98504, email rulescoordinator@oic.wa.gov, fax 360-586-3109, 360-725-9651, by November 13, 2017. Assistance for Persons with Disabilities: Contact Lorie Villafores [Villaflores], phone 360-725-7087, fax 360-582-3109 [360-586-3109], TTY 360-586-0241, email rulescoordinator@oic.wa.gov, stacym@oic.wa.gov, by November 13, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amends sections of WAC 284-03-035 to be consistent with the statutory amendments in EHB 1595, particularly those provisions concerning charging fees for copies of public records. Reasons Supporting Proposal: The proposed rule amends sections of WAC 284-03-035 to be consistent with the statutory amendments in EHB 1595, particularly those provisions concerning charging fees for copies of public records Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Mike Kreidler, insurance commissioner, governmental. Name of Agency Personnel Responsible for Drafting: Stacy Middleton, 302 Sid Snyder Avenue, Olympia, WA 98504-0260, 360-725-9651; Implementation: Kelly Cairns, 5000 Capitol Boulevard, Tumwater, WA 98504-0255, 360-725-7003; and Enforcement: Toni Hood, 5000 Capitol Boulevard, Tumwater, WA 98504-0255, 360-725-7050.
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. RCW 34.05.328 (5)(b)(ii) exempts "Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party" from regulations regarding the completion of a cost-benefit analysis (CBA). No provisions in this rule are deemed by OIC to be able to be violated by parties outside OIC, a government entity. Further, per copy charge provisions in this rule incorporate, by reference, state law which conforms to CBA exemption under RCW 34.05.328 (5)(b)(iii). 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 relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Explanation of exemptions, if necessary: This rule applies only to the procedures utilized within the agency to respond to and fulfill PDR requests. The changes made were largely directed by statute. September 26, 2017 Mike Kreidler Insurance Commissioner
AMENDATORY SECTION (Amending WSR 12-03-087, filed 1/15/12, effective 2/15/12)
WAC 284-03-035 Agency rules for copy charges.
(1) No fees for costs of inspection. There is no fee for inspecting public records held by the OIC.
(2) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the office of the insurance commissioner 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) Standard ((photocopy)) charges for paper photocopies or electronically produced copies. Unless otherwise requested, the OIC provides electronic copies of responsive documents in a portable document format (pdf). A requestor may obtain standard 8.5 x 11, black and white photocopies of responsive documents. ((The OIC will not charge a requestor for electronic copies, or for paper copies of fewer than one hundred pages. For copy requests of one hundred pages or more, the OIC will charge three dollars and fifty cents for the first one hundred and seventeen cents for each additional page. A statement of the factors and the manner used to determine this charge is available from the public records manager.
(3) Use of outside vendor. The OIC may use an outside vendor for nonstandard copies or for voluminous requests if an outside vendor can make copies more quickly and less expensively than the OIC. In the event an outside vendor is used, the requestor may be charged the actual costs billed by the vendor.
(4) Costs of mailing. The OIC may also charge the requestor for the actual costs of mailing, including the cost of the shipping container.)) Charges for electronic and paper copies shall be in accordance with the charges specified in RCW 42.56.120 (2)(b) and (c).
(4) Waiver of charges. The OIC will not charge a requestor for paper copies of fewer than three hundred pages or for electronic copies. This waiver does not apply to customized services charges as permitted by RCW 42.56.120(3) or charges for use of an outside vendor as provided in subsection (5) of this section.
(5) Use of outside vendor. With the consent of the requestor, the OIC may use an outside vendor for nonstandard copies or for voluminous requests if an outside vendor can make copies more quickly and/or less expensively than the charges specified in RCW 42.56.120. The OIC may also use an outside vendor if the OIC does not have the equipment to copy the requested records due to the format in which the records are saved (for example, if the records are saved on microfilm). In the event an outside vendor is used, the requestor may be charged the actual costs billed by the vendor.
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