WSR 17-23-192 PERMANENT RULES OFFICE OF THE
INSURANCE COMMISSIONER
[Filed November 22, 2017, 10:30 a.m., effective January 1, 2018] Effective Date of Rule: January 1, 2018. Purpose: 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. Citation of Rules Affected by this Order: Amending WAC 284-03-035. Adopted under notice filed as WSR 17-20-022 on September 26, 2017. A final cost-benefit analysis is available by contacting Stacy Middleton, P.O. Box 40258, Olympia, WA 98504, phone 360-725-9651, fax 360-586-3109, TTY 360-584-0241, email rulescoordinator@oic.wa.gov, stacym@oic.wa.gov. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Date Adopted: November 22, 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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