WSR 18-05-084 PROPOSED RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed February 20, 2018, 12:36 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-19-091. Title of Rule and Other Identifying Information: WAC 296-06-120 Copying fees, the department is proposing rule making to amend the current public records fee schedule in WAC 296-06-120, legislation passed in 2017 that amended RCW 42.56.120, which governs agency charges to requestors for providing copies of public records. Hearing Location(s): On April 3, 2018, at 9:00 a.m., at the department of labor and industries (L&I) Headquarters, 7273 Linderson Way S.W., Tumwater, WA 98501. Date of Intended Adoption: May 1, 2018. Submit Written Comments to: Jessica Ward, P.O. Box 44632, Olympia, WA 98504, email Jessica.Ward@lni.wa.gov, fax 360-902-5529, by 5:00 p.m., April 6, 2018. Assistance for Persons with Disabilities: Contact Jessica Ward, P.O. Box 44632, Olympia, WA 98504, fax 360-902-5529, email Jessica.Ward@lni.wa.gov, by 5:00 p.m., March 30, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to implement an agency fee schedule for reimbursement of the costs associated with fulfilling public records requests. An agency study has been conducted to determine the actual costs associated with copying, scanning, electronically producing and delivering records and the guidelines to appropriately assess the fees. The current rule does not include a fee schedule for providing electronic records. Reasons Supporting Proposal: This rule making is supported by RCW 42.56.120, which allows agencies to charge a default fee schedule or conduct a study to calculate the actual costs. The agency does not currently have a fee schedule in place in order to seek reimbursement of a small portion of the cost for administering the public records program. Statutory Authority for Adoption: RCW 42.56.120. Statute Being Implemented: RCW 42.56.120. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: L&I, governmental. Name of Agency Personnel Responsible for Drafting: Jessica Ward, Tumwater, Washington, 360-902-5232; Implementation and Enforcement: Darla Koflanovich, Tumwater, Washington, 360-902-4404. 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. The exemption criteria is listed in RCW 34.05.328 (5)(b) including: Rules that set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045. Under RCW 42.56.120, the department's fees are to be set at a level that does not exceed the amount necessary to reimburse the agency for its actual costs directly incident to copying public records. 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 set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit. Is exempt under RCW 42.56.070, 42.56.120. Explanation of exemptions: To the extent there are costs assessed by this agency for records provided in response to public records requests by small businesses, the authorized costs are set out in statute and apply to all requesters. February 20, 2018 Joel Sacks Director
AMENDATORY SECTION (Amending WSR 05-13-151, filed 6/21/05, effective 7/22/05)
WAC 296-06-120 Copying fees.
((The department may charge the requestor a fee for reimbursement of actual copying costs and postage costs. The department may require a deposit of up to ten percent of the estimated cost of all copies. If the department delivers a public records request on a partial or installment basis, it may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed within thirty days, subject to a case-by-case consideration, the department is not obligated to complete the balance of the request. Requestors may make their own copies at a department location, under the supervision of a department staff member, if the records will not be harmed and it will not interfere with the normal work of the department.
Under RCW 42.56.120(2), the department may charge the requestor a fee for reimbursement of costs directly related to the copying of public records. If the department delivers copies of records request on a partial or installment basis, it may charge for each part of the request as it is provided. The agency is not allowed to make a profit from copy fees.
(1) There is no fee for locating or preparing records for inspection or copying.
(2) The department does not charge fees for a person to inspect or access records on the agency's public internet web site.
(a) The department will provide space to inspect public records.
(b) The department will notify the requestor in writing that the records are available to inspect. Within twenty days after the department sends notification, the requestor must make arrangements with the department to inspect the records.
(c) After inspection, the requestor must identify which records he or she wishes the department to copy.
(d) Depending on staff availability and the volume of records requested, the department may determine the actual cost of the records requested and provide an invoice to the requestor at that time or provide the invoice at a later date.
(e) Once payment has been made, staff will copy the requested records and provide them to the requestor.
(f) When the inspection is complete and all requested copies are provided, the department will send notification to the requestor that the request is closed.
(3)(a) Fee waivers are an exception and are granted within the discretion of the public records officer. Copying fees will be waived when the requestor or their representative requests a copy of their own individual case file, or an employer or its representative requests a copy of the case file for an employee/claimant including, but not limited to, safety and health inspection files, wage and hour investigation files, construction compliance investigation files, employer audits, or provider investigation files and no other records. Additional records may be subject to the appropriate fees.
(b) If the department waives fees for an installment, the waiver may not apply to other installments of the request.
(4) The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment, an entire request, or customized service charge exceeds twenty-five dollars.
(5) Requestors must pay fees in advance of the release of the copies, or an installment of copies, or in advance when a deposit is required. The department will notify the requestor of the amount owed and the date payment is due.
(6) If payment of fees is required, the department will send notification to the requestor. Within thirty days after the department sends notification, the requestor must pay the fee or make other arrangements with the department. The request will be closed if the fees are not paid by the due date or other arrangements made within the thirty days.
(7) If an outside vendor is used the department may charge the vendors actual costs to copy records. The department may use an outside vendor if they can make copies more quickly and less expensively than the agency.
(8) The department conducted a study to determine the actual costs associated with copying, scanning, and delivering records and the guidelines to appropriately assess the fees.
Labor and Industries Public
Records Copy Fee Schedule
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