WSR 17-19-069
[Filed September 15, 2017, 8:32 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-070.
Title of Rule and Other Identifying Information: Revise WAC 132N-276-090, public records, copying.
Hearing Location(s): On October 25, 2017, at 5:00 p.m., at Gaiser Hall, Room 213, Clark College, 1933 Fort Vancouver Way, Vancouver, WA 98663.
Date of Intended Adoption: October 25, 2017.
Submit Written Comments to: Mr. Bob Williamson, Vice President of Administrative Services, Clark College, Mailstop BRD 159, 1933 Fort Vancouver Way, Vancouver, WA 98663, email, fax 360-992-2884, by October 18, 2017.
Assistance for Persons with Disabilities: Contact Megan Jasurda, phone 360-992-2065, fax 360-992-2879, TTY video phone 360-991-0901, email, by October 18, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed new revision is in response to EHB 1595 amending RCW 42.56.120 to enforce copying charges utilizing the Public Records Act (PRA) default fee schedule.
Reasons Supporting Proposal: The proposed new revision is in response to EHB 1595 amending RCW 42.56.120 to enforce copying charges utilizing the PRA default fee schedule.
Statutory Authority for Adoption: RCW 28B.50.140, 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, 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Clark College, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Bob Williamson, Clark College, Mailstop BRD 159, 1933 Fort Vancouver Way, Vancouver, WA 98663, 360-992-2123.
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. Costs associated with implementing and enforcing these rules are already accounted for in the college's budget.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. No impact on small business if proposed code is adopted.
September 15, 2017
Bob Williamson
Vice President of
Administrative Services
AMENDATORY SECTION (Amending WSR 96-12-041, filed 5/31/96, effective 7/1/96)
WAC 132N-276-090 Copying.
(1) No fee shall be charged for the inspection of public records. The college will ((charge a fee of ten cents per page of copy for providing copies of public records. This charge is the amount necessary to reimburse the college for its actual costs arising from such copying. If a particular request for copies requires an unusually large amount of time, or the use of any equipment not readily available, the college will provide copies at a rate sufficient to cover any additional costs. All fees must be paid by money order, cashier's check, or cash in advance)) apply the following copy fees and payment procedures to requests to the college under chapter 42.56 RCW.
(2) Pursuant to RCW 42.56.120 (2)(b), the college is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:
(a) The college 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 college will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The college will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the college may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The college may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the college are summarized in the fee schedule.
(4) Requestors are 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) All required 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 office will notify the requestor when payment is due.
(7) Payment should be made by check or money order to Clark College.
(8) The college 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.