Subject of Possible Rule Making: The purpose of this possible rule making is to adopt a permanent rule that implements the state legislature's Public Records Act (PRA) requirement and provide the necessary findings so that the center for deaf and hard of hearing youth (agency) may use the amended statutory default fee schedule that became effective July 23, 2017, and waive copy fees under the listed circumstances. The additional purpose of the rule is to continue to explain procedures for payment for copies. The agency intends to repeal its permanent rule WAC 148-276-090, a copying fees rule adopted under prior PRA statutes.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: PRA is chapter 42.56 RCW. RCW 42.56.120 requires that if an agency uses the law's 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 agency is not calculating actual costs for copying records because to do so would be unduly burdensome. The agency intends to adopt the rule on a permanent basis so it can use the statutory default copy fee schedule. In addition, RCW 42.56.120 allows an agency to waive any charge assessed for a public record pursuant to agency rule. The agency intends to enact a permanent rule to address waiver of charges assessed for a public record. The agency intends to continue to explain the procedures for payment for copies. Finally, the agency intends to repeal WAC 148-276-090, its copying fees rule originally adopted under former chapter 42.17 RCW, because that rule is outdated.

Process for Developing New Rule: The agency will be proposing a permanent rule and repealing a current rule consistent with RCW 42.56.120. The agency will provide public notice of this rule making through filings in the Washington State Register. During a public comment period, the agency will also seek comment: (1) As to be described in the anticipated rule-making proposal form (CR-102); (2) from persons who requested notice of agency rule making; and (3) from persons who attend the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Erica Rader, 611 Grand Boulevard, Vancouver, WA 98661, phone 360-418-0401, fax 360-696-6291, email erica.rader@cdhy.wa.gov, website www.cdhy.wa.gov.