WSR 17-24-092
EMERGENCY RULES
BIG BEND
COMMUNITY COLLEGE
[Filed December 5, 2017, 1:41 p.m., effective December 5, 2017, 1:41 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: To meet requirement[s] of EHB 1595, which enacts new requirements for charging for records under the Public Records Act. This new law took effect on July 23, 2017. This new legislation requires agencies to select one of three methods for charging fees for public records.
BIG BEND COMMUNITY COLLEGE'S (BBCC) PUBLIC RECORDS FEE SCHEDULE
RCW 42.56.120, [42.56].130; WAC 132R-175-090
INSPECTION
No fee
Inspection by requestor at BBCC campus.
No fee
Requester accessing or downloading records BBCC posts on its web site.
COPIES*
15 cents/page
Photocopies of paper records or printed (paper) copies of electronic records (applies if requester asks for paper copies).
10 cents/page
Electronic copy of scanned paper records (applies if paper copies must be scanned in order to produce in electronic format).
5 cents for each 4 electronic files or attachments
Files and attachments uploaded to email or other means of electronic delivery (applies if records are already stored electronically and requestor asks for such records to be provided via email or a digital media storage device, such as a CD or thumb drive).
10 cents per gigabyte
Cost for transmitting records in an electronic format, such as email or a digital media storage device.
Actual cost
Cost of a digital storage media device, such as a CD, DVD, or thumb drive.
Actual cost
Any container or envelope used to mail copies.
Actual cost
Postage or delivery charges.
OTHER COSTS
Cost varies - per other statutes
Records for which other costs are authorized pursuant to laws outside of chapter 42.56 RCW. RCW 42.56.130.
Customized service charge - caries [varies] depending on the request
If the request requires the use of IT expertise to prepare data compilations or when customized access services are not used by BBCC for BBCC business purposes, BBCC may charge a customized service charge. RCW 42.56.120(3).
Cost varies - actual cost (based upon vendor cost to office)
Records sent to an outside vendor due to their unusual size or format, or other factors making copying by BBCC unfeasible. Mailing/delivery and container costs also apply.
DEPOSITS
*Charges may be combined to the extent more than one type of charge applies to copies responsive to a particular request. Copy charges are assessed for each installment of records provided to the requester.
**Requestors may ask for an estimate of the cost before asking for records to be produced.
Citation of Rules Affected by this Order: Amending WAC 132R-175-090.
Statutory Authority for Adoption: RCW 28B.50.140.
Other Authority: Chapter 34.05 RCW, Administrative Procedure Act.
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: EHB 1595, which enacts new requirements for charging for records under the Public Records Act. This new law took effect on July 23, 2017. This new legislation requires agencies to select one of three methods for charging fees for public records.
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 0, 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: December 5, 2017.
Melinda Dourte
Executive Assistant
to the President
AMENDATORY SECTION (Amending WSR 03-15-063, filed 7/14/03, effective 8/14/03)
WAC 132R-175-090 ((Copying.)) Costs of providing copies of public records.
The college may charge a reasonable fee for providing public records in response to requests under chapter 42.56 RCW received on or after July 23, 2017.
(1) Pursuant to RCW 42.56.120 (2)(b), Big Bend Community College finds that it is unduly burdensome for the college to calculate the actual costs to provide records due to insufficient resources to conduct a comprehensive study to determine actual costs and the interruption of essential college business that would result from conducting such a comprehensive study.
(2) The college reserves the right to charge fees to the requestor in accordance with the amounts provided in RCW 42.56.120. 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.
(3) No fee shall be charged for the inspection of public records((. The district shall charge a fee of twenty-five cents per page of copy for providing copies of public records and for use of the district copy equipment. This charge is the amount necessary to reimburse the district for its actual costs incident to such copying.)) or locating public documents and making them available for copying, with the exception of the customized service charge allowed in RCW 42.56.120.
(4) The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.
(5) At least five working days may be required to provide copies of public records.