WSR 17-24-071 PROPOSED RULES COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS [Filed December 4, 2017, 4:37 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-21-051. Title of Rule and Other Identifying Information: WAC 34-04-080 Copying. Hearing Location(s): On January 20, 2018, at 1:00 p.m., at 16225 N.E. 87th Street, Redmond, WA 98052. Date of Intended Adoption: January 20, 2018. Submit Written Comments to: Michael Itti, P.O. Box 40925, Olympia, WA 98504-0925, email michael.itti@capaa.wa.gov, by January 10, 2018. Assistance for Persons with Disabilities: Contact Michael Itti, phone 360-725-5666, TTY 711, email michael.itti@capaa.wa.gov, by January 10, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To adopt the new fee schedule for public records requests established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017. Reasons Supporting Proposal: Changes to the Public Records Act during the 2017 legislature require the commission to amend its public records disclosure rules. Statutory Authority for Adoption: EHB 1595 (chapter 304, Laws of 2017), chapters 42.56 and 43.117 RCW. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Commission on Asian Pacific American affairs, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Michael Itti, 210 11th Avenue S.W., Olympia, WA 98504, 360-725-5666. 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).
Explanation of exemptions: The rule content is explicitly and specifically dictated by statute. December 4, 2017 Michael Itti Executive Director
AMENDATORY SECTION (Amending WSR 82-20-015, filed 9/28/82)
WAC 34-04-080 ((Copying.)) Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule.
((No fee shall be charged for the inspection of public records. The commission shall charge a fee of $.25 per page for providing copies of public records and for use of the commission's copy equipment. This charge is the amount necessary to reimburse the commission for its actual costs incident to such copying.)) (1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington state commission on Asian Pacific American affairs 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.
(2) The Washington state commission on Asian Pacific American affairs may charge 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.
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