WSR 18-19-015
PROPOSED RULES
OFFICE OF THE
LIEUTENANT GOVERNOR
[Filed September 7, 2018, 3:50 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-09-004.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Copying fees—Payments (related to public records requests).
Hearing Location(s): On October 29, 2018, at 10:00 a.m., at the Senate Rules Room, Legislative (State Capitol) Building, 416 Sid Snyder Avenue S.W., Suite 220-A, Olympia, WA 98501.
Date of Intended Adoption: November 5, 2018.
Submit Written Comments to: Cathleen Bright, Executive Assistant, Office of Lieutenant Governor (OLG), P.O. Box 40400, Olympia, WA 98504, email ltgov@ltgov.wa.gov, by October 24, 2018.
Assistance for Persons with Disabilities: Contact Cathleen Bright, executive assistant, phone 360-786-7700, email cathleen.bright@ltgov.wa.gov, by October 24, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To meet the requirements described in RCW 42.56.040. Specifically, to publish in the Washington Administrative Code a description of the charges for copying (RCW 42.56.120).
Reasons Supporting Proposal: Comply with statute.
Statutory Authority for Adoption: RCW 42.56.040.
Statute Being Implemented: Chapter 42.56 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OLG, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Cathleen Bright, OLG, Olympia, 360-786-7700; and Enforcement: LaTasha Wortham, OLG, Olympia, 360-786-7700.
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. No cost associated with rule. Required by statute.
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 relate only to internal governmental operations that are not subject to violation by a nongovernment party.
September 7, 2018
Cathleen Bright
Executive Assistant
NEW SECTION
WAC 241-10-050Copying fees—Payments.
(1) The following copy fees and payment procedures apply to requests to the office under chapter 42.56 RCW and received on or after August XX, 2017.
(2) Pursuant to RCW 42.56.120 (2)(b), the office is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons: (i) The office does not have the resources to conduct a study to determine all its actual copying costs; (ii) to conduct such a study would interfere with other essential agency functions; and, (iii) through the 2017 legislative process, the public and requesters have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).
(3) The office will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The office will charge for customized services pursuant to 42.56.120(3). Under RCW 42.56.130, the office may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The office may enter into an alternative fee agreement with a requester under RCW 42.56.120(4). The charges for copying methods used by the office are summarized in the fee schedule available on the office's website at www.atg.wa.gov.
(4) Requesters are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions.
(a) It is within the discretion of the public records officer to waive copying fees when: (i) all of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or (ii) all of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of 100 printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requester will be charged in accordance with this rule. `
(b) Fee waivers are not applicable to records provided in installments.
(5) The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.
(6) All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The office will notify the requester of when payment is due.
(7) Payment should be made by check or money order to the Office of the Lieutenant Governor. The office prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.
(8) The office will close a request when a requester fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.