(1) The following copying fees and payment procedures apply to requests to the board under chapter
42.56 RCW and received on or after July 23, 2017.
(2) Pursuant to RCW
42.56.120 (2)(b), the board is not calculating all actual costs for copying records because it would be unduly burdensome for the following reasons:
(a) The board does not have the resources to conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere with other essential agency functions; and
(c) Through the 2017 legislative process, the public and requestors 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 board will charge for copies of records pursuant to the default fees in RCW
42.56.120 (2)(b) and (c). The board will charge for customized services pursuant to RCW
42.56.120(3). Under RCW
42.56.130, the board may charge other copying fees authorized by statutes outside of chapter
42.56 RCW. The board may enter into an alternative fee agreement with a requestor under RCW
42.56.120(4). The charges for copying methods used by the board are summarized in the fee schedule available on the board's web site at www.biia.wa.gov.
(4) Requestors are required to pay for copies in advance of receiving records.
(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;
(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 one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule; or
(iii) The amount that could be charged is considered de minimis.
(b) Requested fee waivers are an exception and will be considered only upon receipt of a written request to the public records officer. 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 exceed twenty-five dollars for an installment, an entire request, or customized service charge.
(6) All required fees or deposits must be paid in advance of release of the copies or an installment of copies. The office will notify the requestor of when payment is due.
(7) Payment should be made by check or money order to the board of industrial insurance appeals. The board 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.
[Statutory Authority: RCW
51.52.020. WSR 18-24-123, § 263-12-01701, filed 12/5/18, effective 1/5/19; WSR 17-24-121, § 263-12-01701, filed 12/6/17, effective 1/6/18.]