WSR 13-13-087

PROPOSED RULES

[Filed June 19, 2013, 12:01 p.m.]

Title of Rule and Other Identifying Information: Amend Regulation I, Sections 14.04 (Processing of Public Records Requests—General) and 14.07 (Costs of Providing Copies of Public Records).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on July 25, 2013, at 8:45 a.m.

Date of Intended Adoption: July 25, 2013.

Submit Written Comments to: Rob Switalski, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail robs@pscleanair.org, fax (206) 343-7522, by July 24, 2013.

Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by July 18, 2013, TTY (800) 833-6388 or (800) 833-6385 (Braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Puget Sound Clean Air Agency (agency) proposes two amendments to its existing rules implementing the Public Records Act, chapter 42.56 RCW. Consistent with RCW 42.56.520, the first proposed amendment is intended to allow the agency to close requests when a requester has not responded to a request for clarification. The second proposed amendment would allow the agency to charge a scanning fee of fifteen cents per page for requests seeking more than fifty scanned pages. (The first fifty scanned pages for all requests would be free.)

Reasons Supporting Proposal: The benefit of the first amendment is to make the agency's rules consistent with state law and to allow the agency to close unclarified requests. The benefit of the second amendment is that it would allow the agency to recoup scanning costs for larger requests (greater than fifty pages) when a requester wants scanned copies of existing paper records. Adoption of this scanning fee would mirror the agency's existing fee for paper copies: Fifteen cents a page for paper copies made after the first fifty free paper copies.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting: Jennifer Dold, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4015; Implementation and Enforcement: Laurie Halvorson, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4030.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act, and the agency is not a school district.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

June 19, 2013

Craig Kenworthy

Executive Director

(a) Agency processes requests efficiently. The public records officer will process requests in the order allowing the most requests to be processed in the most efficient manner.

(b) Acknowledging receipt of request. Within 5 business days of receipt of a request, the public records officer will do one or more of the following:

(1) Provide copies of the requested public records to the requester, if copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon;

(2) Provide an internet address and link on the Agency's website to the specific public records requested;

(3) Make the public records available for inspection or copying;

(4) Provide a reasonable estimate of when records will be available;

(5) If the request is unclear or does not sufficiently identify the requested public records, request clarification from the requester. Such clarification may be requested and provided by telephone. The public records officer may revise the estimate of when records will be available based upon a clarification; or

(6) Deny the request.

(c) Failure to respond. If the Agency does not respond in writing within 5 business days of receipt of the request for disclosure, the requester should consider contacting the public records officer to determine the reason for the failure to respond.

(d) Protecting rights of others. In the event that the requested public records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the public records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requester and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to an affected person will include a copy of the request. The requester will be notified of the time provided to an affected person to respond to a notice under this section.

(e) Inspection of public records.

(1) Consistent with other demands, the Agency shall promptly provide space to a requester to inspect public records. No member of the public may remove a public record from the viewing area or disassemble or alter any public record. The requester shall indicate which public records they wish the Agency to copy.

(2) The requester must claim or review the assembled public records within 30 days of the Agency's notification that the public records are available for inspection or copying. The Agency will notify the requester in writing of this requirement and inform the requester that they should contact the Agency to make arrangements to claim or review the public records. If the requester or a representative of the requester fails to claim or review the public records within the 30-day period or make other arrangements, the Agency may close the request and re-file the assembled public records. Other public records requests may be processed ahead of a subsequent request by the same person for the same or almost identical public records, which can be processed as a new request.

(f) Providing copies of public records. After inspection is complete, the public records officer shall make the requested copies or arrange for copying.

(g) Providing public records in installments. When the request is for a large number of public records, the public records officer will provide access for inspection and copying in installments, if the officer reasonably determines that it would be practical to provide the records in that way. If, within 30 days, the requester fails to inspect the entire set of public records or one or more of the installments, the public records officer may stop searching for the remaining records and close the request.

(h) When access to Agency website is unavailable to requester. If a requester notifies the Agency that they cannot access an Agency public record through the Agency's website, the Agency will make a paper copy of the requested public record available to the requester.

(i) Completion of inspection. When an inspection of requested public records is complete and all requested copies are provided, the public records officer will indicate to the requester that the Agency has made all located, nonexempt public records available for inspection.

(j) Closing withdrawn or abandoned requests. When a requester withdraws a request, fails to fulfill his or her obligations to inspect the public records, fails to clarify a request, or fails to pay a deposit or final payment for requested copies, the public records officer will close the request and indicate to the requester that the Agency has closed the request.

(k) Later discovered documents. If, after the Agency has informed a requester that it has provided all available public records, the Agency becomes aware of additional responsive public records existing at the time of the request, it will promptly inform the requester of the additional public records and provide them on an expedited basis.

(a) No fee for inspecting public records. There is no fee for inspecting public records. There is no fee for the Agency's time spent locating records; ((or)) for preparing public records for inspection, ((or)) copying, or scanning; or for e-mailing electronic public records to a requester.

(b) Costs for paper copies.

(((1))) There is no fee for the first 50 paper copies made per request. For requests greater than 50 pages:

(1((A))) If paper copies are made at the Agency, a requester may obtain photocopies for $.15 per page;

(2((B))) If paper copies are made outside the Agency at a commercial copier, a requester may obtain copies at the actual cost charged by the commercial copier.

(((2) Before beginning to make paper copies, the public records officer may require a deposit of up to 10% of the estimated costs of copying all the public records selected by the requester. The public records officer may also require the payment of the remainder of the copying costs before providing all the public records, or the payment of the costs of copying an installment before providing that installment. The Agency does not charge sales tax when it makes copies of public records.))

(c) Costs for scanned ((electronic)) public records. There is no fee for the first 50 pages scanned per request ((e-mailing electronic public records to a requester)). For requests greater than 50 pages:

(2) If the Agency uses a commercial copier to scan public records to respond to a request electronically, a requester may obtain the scanned public records at the actual scanning cost charged by the commercial copier.

(d) Deposits. Before beginning to make paper copies or scanning records, the public records officer may require a deposit of up to 10% of the estimated costs of copying or scanning the public records selected by the requester. The public records officer may also require the payment of the remainder of the copying or scanning costs before providing all the public records, or the payment of the costs of copying or scanning an installment before providing that installment. The Agency does not charge sales tax when it makes copies of or scans public records.

(e) Costs of mailing. The Agency may also charge actual costs of mailing, including the cost of the shipping container.

(f((e))) Payment. Payment may be made by cash, check, money order, or credit card to the Puget Sound Clean Air Agency.