LAND USE HEARINGS OFFICE
[Filed May 21, 2019, 7:54 a.m., effective June 21, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To allow the environmental and land use hearings office (ELUHO) to use the statutory fee schedule when providing public records and to allow ELUHO to use its discretion to waive charges for providing public records.
Citation of Rules Affected by this Order: Amending WAC 198-14-090(1).
Statutory Authority for Adoption: RCW 42.56.120
Adopted under notice filed as WSR 19-07-007 on March 7, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 21, 2019.
AMENDATORY SECTION(Amending WSR 12-03-042, filed 1/10/12, effective 2/10/12)
WAC 198-14-090Costs of providing copies of public records.
(1) ((Costs for paper copies.
(a))) There is no fee for inspecting public records. ((Photocopies of thirty-five pages or more will be charged at fifteen cents per page and, nonstandard copies, including planning or engineering documents, oversized maps, and photographs, will be charged at the actual cost of reproduction. ELUHO may, in its discretion, send records to a commercial copying center for duplication. The requestor is required to pay the actual cost of copying performed by a copying vendor. Actual cost will be charged for manuals and nonprinted materials, such as audio or video tapes or CDs.
))ELUHO may charge for providing public records or waive charges for providing public records. ELUHO will charge using the fees listed under RCW 42.56.120 and will maintain a fee schedule on its web site.
(2) There will be no charge for emailing electronic records to a requestor, unless another cost applies.
(3) ELUHO has determined calculating the actual costs for providing public records is unduly burdensome for the following reasons:
(a) The level of effort, supplies, and shipping costs incurred by ELUHO vary widely for each records request and are unique to each records request;
(b) Recordkeeping needed to capture all allowed costs unnecessarily increases ELUHO's administrative overhead; and
(c) Determining actual costs for each records request within the statutory response time frame requires a greater than normal level of administrative resources.
(4) Before beginning to make the copies, the public records officer or designee may require:
(a) A deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. ((The public records officer or designee may also require))
(b) The payment of the remainder of the copying costs before providing all the records((,)); or
(c) The payment of the costs of copying an installment before providing that installment. ELUHO will not charge sales tax when it makes copies of public records.
(((2) Costs for electronic records. The cost of electronic copies of records shall be the actual cost of medium and preparation, including the actual cost of any necessary scanning. There will be no charge for emailing electronic records to a requestor, unless another cost applies, such as a scanning fee. ELUHO may charge a fee consistent with RCW 43.105.280 and WAC 198-14-070(3) for customized access of electronic records.
(3) Costs of mailing. ELUHO may also charge actual costs of mailing, including the cost of the shipping container.
(4) Payment.))(5) Payment may be made by cash, check, or money order to ELUHO.