WSR 17-19-092
[Filed September 19, 2017, 10:56 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-034.
Title of Rule and Other Identifying Information: WAC 170-01-0290 Charges for public records and 170-01-0300 Fees for inspecting or copying records.
Hearing Location(s): On October 25, 2017, at 10:30 a.m., at 1110 Jefferson Street S.E., Room 113, Olympia, WA. Request to participate by telephone by contacting the rules coordinator at or 360-725-4670 on or before October 20, 2017.
Date of Intended Adoption: October 27, 2017.
Submit Written Comments to: Rules Coordinator, P.O. Box 40970, email, fax 360-725-4925, by October 26, 2017.
Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-725-4670, fax 360-725-4925, email, by October 20, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposal will repeal WAC 170-01-0300 and enact new WAC 170-01-0290 in its place. New WAC 170-01-0290 implements EHB 1595 by clarifying that charges will not exceed the schedule provided in RCW 42.56.120 (2)(b), explaining when fee waivers may be allowed, and explaining payment requirements.
Reasons Supporting Proposal: The proposed rules were adopted on an emergency basis, effective July 24, 2017, to comply with EHB 1595. It is necessary to adopt them on a permanent basis to maintain compliance with the provisions of EHB 1595.
Statutory Authority for Adoption: RCW 42.56.040.
Statute Being Implemented: RCW 42.56.070, 42.56.080, 42.56.120, and 42.56.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of early learning (DEL), governmental.
Name of Agency Personnel Responsible for Drafting: James DeHart, Public Records Officer, DEL State Office, P.O. Box 40970, Olympia, WA 98504-0970, 360-725-4385; Implementation and Enforcement: DEL, statewide.
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. DEL is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i). Further, DEL does not voluntarily make that 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 rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
September 19, 2017
Heather Moss
WAC 170-01-0290 Charges for public records.
(1) There is no cost to inspect records.
(2) Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce department of early learning resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records.
(3) Instead of calculating the actual costs of charges for records, the director or director's designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the department of early learning charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b), as amended by section 3, chapter 304, Laws of 2017. The department may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor.
(4) Fee waivers. 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) Advance deposits. 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. DEL will notify the requestor when payment is due. Payment should be delivered to the DEL Financial Services Office, P.O. Box 40970, Olympia, WA 98504-0970. Payment may be made by cash, check, or money order to the department of early learning. It should clearly be marked as payment for public records.
(7) DEL 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.
The following section of the Washington Administrative Code is repealed:
WAC 170-01-0300
Fees for inspecting or copying records.