WSR 17-24-118

EMERGENCY RULES

LIQUOR AND CANNABIS

BOARD

[Filed December 6, 2017, 9:37 a.m., effective December 6, 2017, 9:37 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This emergency rule is needed to readopt changes to costs for providing public records as a result of the passage of EHB 1595 (chapter 304, Laws of 2017) during the 2017 legislative session. This emergency rule adopts the cost schedule in EHB 1595, section 3 and becomes effective on the effective date of the underlying legislation requiring its adoption.

Citation of Rules Affected by this Order: New WAC 314-60-095.

Statutory Authority for Adoption: RCW 42.56.120, 34.05.220, 42.56.040, 66.08.030, and 66.08.050.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This emergency rule allows the Washington state liquor and cannabis board to continue to assess costs for records when appropriate. The new provisions in EHB [1595] require the agency to either (1) calculate the actual costs of providing public records to requesters for each request, or, if calculating actual costs would be unduly burdensome, (2) charge up to the default amounts in section 3 of EHB 1595. The board finds it would be unduly burdensome to calculate the actual costs of providing public records to requesters, as the type of request, and staff time to copy and provide records vary widely. The board does not have the resources to conduct a study of these costs at this time. The Public Records Act (chapter 34.05 [42.56] RCW) requires agencies to establish costs for providing public records in rule to be able to assess those costs, so emergency rules are needed to establish the costs for providing records until permanent rule changes can be completed. Permanent rules on this subject are currently in process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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: December 6, 2017.

Jane Rushford

Chair

NEW SECTION

WAC 314-60-095, Costs for providing public records.

This section supersedes costs for public records provisions in WAC 314-60-090.

The board finds it would be unduly burdensome to calculate the actual costs of providing public records to requesters, as the type of request, and staff time to copy and provide records vary widely. The board does not have the resources to conduct a study of these costs at this time.

The board does not charge any fee for access to or downloading records posted on its internet website prior to a request, unless the requester specifically requests that posted records be provided by other means, such as a printed copy or electronic copies provided by the board. The board intends to use the following fee schedule as set out in section 3 of EHB 1595 passed during the 2017 legislative session, to be codified in RCW 42.56.120, unless it determines in a later rulemaking that the actual costs of providing records exceeds the charges in the schedule below.


PRA Fee Schedule
Copies:
15 cents/page	Photocopies, printed copies of electronic records when requested by the requester, or for the use of agency equipment to make photocopies.
10 cents/page	Scanned records, or use of agency equipment for scanning.
5 cents/each 4 electronic files or attachment	Records uploaded to email, or cloud-based data storage service, or other means of electronic delivery.
10 cents per gigabyte	Records transmitted in electronic format or for use of agency equipment to send records electronically.
Actual cost	Digital storage media or devices.
Actual cost	Any container or envelope used to mail copies.
Actual cost	Postage or delivery charges.
Actual cost	Customized service charge (in addition to fees for copies - see copying fees above), if the board estimates that the request would require use of information technology expertise to prepare data compilations, or provide customized electronic access when such compilations and customized access services are not used by the agency for other agency purposes. The board will notify such requester of the customized service charge to be applied, why the charge applies, and an estimate of the cost of the charge, and will allow the requester to amend the request in order to avoid or reduce the cost of the customized service charge.
The copy charges above may be combined to the extent more than one type of charge applies to copies responsive to a particular request
Option for Copies:
Up to $2 flat fee	As an alternative to the copy charges above, the board may charge a flat fee of up to $2 for any request when the agency reasonably estimates and documents that the costs are equal to or more than $2. If applied to the initial installment, additional flat fees will not be charged for subsequent installments.

If the requester asks the board to provide a summary of the applicable charges before any copies are made, the board will provide an estimate and will allow the requester to revise the request to reduce the number of copies to be made to reduce the charges. The board may require a deposit of up to ten percent of the cost of providing copies for a request, including a customized service charge.