WSR 18-10-056
PROPOSED RULES
WASHINGTON STATE
SCHOOL FOR THE BLIND
[Filed April 27, 2018, 8:51 a.m.]
Supplemental Notice to WSR 17-23-083.
Preproposal statement of inquiry was filed as WSR 17-19-078.
Title of Rule and Other Identifying Information: Repeal WAC 72-276-090 Costs of providing copies of public records and replace with WAC 72-276-095 Copying feesPayments.
Hearing Location(s): On June 5, 2018, at 1:00 p.m., at the Washington State School for the Blind, 2214 East 13th Street, Administration Building, Board Room, Vancouver, WA 98661.
Date of Intended Adoption: June 5, 2018.
Submit Written Comments to: Janet Kurz, Executive Assistant, 2214 East 13th Street, Vancouver, WA 98661, email janet.kurz@wssb.wa.gov, fax 360-737-2120, by May 31, 2018.
Assistance for Persons with Disabilities: Contact Janet Kurz, executive assistant, phone 360-947-3302, fax 360-737-2120, email janet.kurz@wssb.wa.gov, by May 25, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to comply with the 2017 legislative amendment to RCW 42.56.120, section 3, chapter 304, Laws of 2017, that requires that effective July 23, 2017, if an agency uses the new law's amended statutory default copy fee schedule (rather than determining actual costs of copies), the agency must have a rule declaring the reason it is not calculating actual costs is because to do so would be unduly burdensome. The School for the Blind is not calculating actual costs for copying records because to do so would be unduly burdensome. The School for the Blind intends to adopt the rule so it can use the statutory default copy fee schedule. In addition, RCW 42.56.120 as amended by section 3, chapter 304, Laws of 2017 allows an agency to waive any charge assessed for a public record pursuant to agency rule. The School for the Blind intends to enact a rule to address waiver of charges assessed for a public record. The School for the Blind intends to continue to explain the procedures for payment for copies. Finally, the School for the Blind intends to repeal WAC 72-276-090, its copying fees rule originally adopted under former chapter 42.17 RCW because that rule is now outdated. The anticipated effects of the rule change is that it will change the copying fees for public records. The school is proposing to replace WAC 72-276-090 with WAC 72-276-095 Copying feesPayments.
Reasons Supporting Proposal: To comply with the 2017 legislative amendment to RCW 42.56.120, section 3, chapter 304, Laws of 2017, that requires that effective July 23, 2017, if an agency uses the new law's amended statutory default copy fee schedule (rather than determining actual costs of copies), the agency must have a rule declaring the reason it is not calculating actual costs is because to do so would be unduly burdensome. The School for the Blind is not calculating actual costs for copying records because to do so would be unduly burdensome. The School for the Blind intends to adopt the rule so it can use the statutory default copy fee schedule. In addition, RCW 42.56.120 as amended by section 3, chapter 304, Laws of 2017, allows an agency to waive any charge assessed for a public record pursuant to agency rule. The School for the Blind intends to enact a permanent rule to address waiver of charges assessed for a public record. The school is proposing to replace WAC 72-276-090 with WAC 72-276-095 Copying feesPayments.
Statutory Authority for Adoption: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120 (as amended by chapter 304, Laws of 2017).
Statute Being Implemented: RCW 42.56.120 (as amended by chapter 304, Laws of 2017).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington State School for the Blind, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Janet Kurz, Vancouver, Washington, 360-947-3302; and Enforcement: Scott McCallum, Vancouver, Washington, 360-947-3301.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.05.328 (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rule pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: This rule change is done to implement the legislative changes to public records copying fees dictated in the 2017 legislative amendment to RCW 42.56.120, section 3, chapter 304, Laws of 2017.
April 27, 2018
Scott McCallum
Superintendent
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 72-276-090
Costs of providing copies of public records.
NEW SECTION
WAC 72-276-095 Copying feesPayments.
(1) The following copy fees and payment procedures apply to requests to the school under chapter 42.56 RCW.
(2) Pursuant to RCW 42.56.120 (2)(b), the school is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:
(a) The school 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 school will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The school will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the school may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The school may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the school are summarized in the fee schedule available on the school's web site at www.wssb.wa.gov.
(4) Requestors may be required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:
(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; or
(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.
(b) 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 for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.
(6) When requestors are required to pay in advance, fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The school will notify the requestor of when payment is due.
(7) Payment should be made by check or money order to the Washington State School for the Blind. The school 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.
(8) The school will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.