WSR 17-24-020

EMERGENCY RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[Filed November 28, 2017, 11:21 a.m., effective November 28, 2017, 11:21 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: To amend the department's rule concerning fees for copying and providing public records, in compliance with EHB 1595 (chapter 304, Laws of 2017). This emergency rule-making order extends the provisions of the emergency rule-making order filed on July 21, 2017, and published as WSR 17-16-030, while completing the procedures for adopting the proposed rule filed on October 16, 2017, and published as WSR 17-21-078.

Citation of Rules Affected by this Order: Amending WAC 415-06-060.

Statutory Authority for Adoption: RCW 41.05.050(5).

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Prior to charging a fee for providing copies of public records, EHB 1595 requires the department to conduct a study to determine actual costs or to declare in a rule or regulation why such a study would be unduly burdensome.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 21, 2017.

Tracy Guerin

Director

AMENDATORY SECTION (Amending Order 4, filed 7/27/77)

WAC 415-06-060 ((Copying.)) Fees.

(1) No fee shall be charged for the inspection of public records((. The department shall charge a fee equal to the amount necessary to reimburse the department for its actual costs incident to any copying)) or for locating public records and making them available for copying. However, the department may charge fees for copying and providing copies of public records. Such fees will not exceed the rates established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.

(2) Pursuant to RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017, the department declares for the following reasons that it would be unduly burdensome to calculate the actual costs of copying and providing copies of public records: Department resources were not allocated for performing a study to calculate the actual costs; the department lacks the necessary resources to perform such a study and calculations; and such a study would interfere with and disrupt other essential department functions.