WSR 06-13-090




[ Filed June 20, 2006, 1:35 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-10-023.

Title of Rule and Other Identifying Information: Amending WAC 1-06-090 Copying.

Hearing Location(s): Office of the Code Reviser, 415 15th Avenue S.W., Pritchard Building, Room LL6, Olympia, WA 98504, on July 28, 2006, at 2:00 p.m.

Date of Intended Adoption: August 4, 2006.

Submit Written Comments to: Kerry Radcliff, P.O. Box 40551, Olympia, WA 98504-0551, e-mail, fax (360) 786-1529, by July 27, 2006.

Assistance for Persons with Disabilities: Contact Kerry Radcliff, Rules Coordinator, by July 21, 2006, TTY (800) 833-6388 or (800) 833-6384 (voice).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending WAC 1-06-090 to clarify current copying fees, electronic distribution costs and faxing policy associated with public records, as defined in WAC 1-06-020.

Reasons Supporting Proposal: To clarify and set fees in regards to the copying and electronic distribution of public records. These public records are defined in WAC 1-06-020. Fees will include the per page charge for providing paper copies of public records maintained either on paper or electronically; the fee for providing a CD ROM of electronically maintained material; and the fee for formatting a 2-column, publication master copy of electronically maintained information. The amendment to WAC 1-06-090 would also set in rule the office of the code reviser's faxing policy, which is a maximum of ten pages.

Statutory Authority for Adoption: RCW 42.17.250 and 42.17.300.

Statute Being Implemented: RCW 42.17.250 and 42.17.300.

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

Name of Proponent: Office of the code reviser, governmental.

Name of Agency Personnel Responsible for Drafting: RayeJean Saar, P.O. Box 40551, Olympia, WA 98504-0551, (360) 786-6777; Implementation and Enforcement: Office of the Code Reviser, P.O. Box 40551, Olympia, WA 98504-0551, (360) 786-6777.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The office of the code reviser has determined that the rule is not subject to the Regulatory Fairness Act because the rule is for the purpose of clarifying fees.

A cost-benefit analysis is not required under RCW 34.05.328. The office of the code reviser is not a listed agency in RCW 34.05.328 (5)(a)(i).

June 20, 2006

K. Kyle Thiessen

Code Reviser


AMENDATORY SECTION(Amending Order 19, filed 7/11/78)

WAC 1-06-090   Copying of public records.   No fee shall be charged for the inspection of public records. The ((agency shall)) office of the code reviser may charge a fee of ((twenty-five)):

Thirty-five cents per page of copy for providing paper copies of public records ((and for use of the agency's copy equipment. This charge is)) maintained on paper or electronically;

Two dollars per CD ROM for copies of electronically maintained public records;

Two dollars per page and fifteen dollars per hour charge for double column, publication master copies of electronically maintained public records.

The office of the code reviser may fax documents, but there is a ten-page maximum. There is no charge for this service.

These charges are the amounts necessary to reimburse the agency for its actual costs incident to such copying.

[Statutory Authority: RCW 42.17.250 and 42.17.300. 78-08-010 (Order 19), 1-06-090, filed 7/11/78; Order 8, 1-06-090, filed 9/25/74, effective 10/25/74.]

Washington State Code Reviser's Office