WSR 18-04-087

EXPEDITED RULES

OFFICE OF

ADMINISTRATIVE HEARINGS

[Filed February 5, 2018, 3:30 p.m.]

Title of Rule and Other Identifying Information: Chapter 10-04 WAC, Public records.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 10-04-075 is being updated to include a sentence that states that fees for copies of public records may be waived when the costs of processing the payment are reasonably likely to exceed the amount of the fees that would be charged.

Reasons Supporting Proposal: Expedited rule making is appropriate under RCW 34.05.353 (1)(a) because the proposed rule provision relates only to internal government operations that are not subject to violation by a person. The ability to waive fees when the costs of processing the fee payment is reasonably likely to exceed the amount that would be charged is in the public interest because it aligns agency practice with principles of responsible management and good stewardship of public funds.

Statutory Authority for Adoption: RCW 34.12.030(6).

Statute Being Implemented: Chapter 42.56 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Office of administrative hearings, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Josh Sundt, 2420 Bristol Court S.W., Olympia, WA 98502, 360-407-2700.

This notice meets the following criteria to use the expedited adoption process for these rules:

Relates only to internal governmental operations that are not subject to violation by a person.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: A minor clarification is being made in WAC 10-04-075 which allows the public records officer to waive fees for copies of public records when the costs of processing the fee payment are reasonably likely to exceed the amount that would be charged.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Barb Cleveland, Rules Coordinator, Office of Administrative Hearings, P.O. Box 42488, Olympia, WA 98504-2488, phone 360-407-2700, fax 360-664-8721, email Barb.Cleveland@oah.wa.gov, AND RECEIVED BY April 9, 2018.

February 5, 2018

Lorraine Lee

Chief Administrative Law Judge

AMENDATORY SECTION (Amending WSR 18-01-144, filed 12/20/17, effective 1/20/18)

WAC 10-04-075 Fees for providing public records.

(1) There is no fee for inspecting public records.

(2) The office will charge for providing copies of public records and will maintain a fee schedule on its web site. The office may waive fees when the costs of processing the payment are reasonably likely to exceed the amount of the fees that would be charged.

(3) The office is not calculating actual costs for copying its records because doing so would be unduly burdensome for the following reasons:

(a) The office does not have the resources to conduct a study to determine actual copying costs;

(b) Conducting such a study would interfere with other essential agency functions; and

(c) Through the legislative process, the public and requestors have commented on and been informed of authorized fees and costs provided in the Public Records Act and other laws.

(4) The office uses the standard fees and costs authorized in RCW 42.56.120.

(5) The public records officer may require payment of fees before providing the records.

(a) Before beginning to copy public records, a deposit of up to ten percent of the estimated costs of copying may be required.

(b) Payment of the costs of copying an installment may be required before the installment is provided.

(c) If payment of fees is required, the office will send notification to the requestor. Within thirty days after the office sends notification, the requestor must pay the fee or make other arrangements with the office.

(6) The office will not charge sales tax for copies of public records.

(7) The office will accept payment by check, money order, or cash. For cash payments, it is within the office's discretion to determine the denomination of bills and coins that will be accepted.