WSR 17-21-069
[Filed October 16, 2017, 12:27 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-015.
Title of Rule and Other Identifying Information: Amending WAC 172-10-080, public records requests, costs of providing copies of public records.
Hearing Location(s): On December 6, 2017, at 10 a.m., at Eastern Washington University (EWU), Main Campus, 526 5th Street, Room 215A, Tawanka Hall, Cheney, WA 99004.
Date of Intended Adoption: February 23, 2018.
Submit Written Comments to: Joseph Fuxa, EWU, 526 5th Street, 314 Showalter Hall, Cheney, WA 99004, email, fax 509-359-2874, by December 6, 2017.
Assistance for Persons with Disabilities: Contact Joseph Fuxa, phone 509-359-7496, fax 506-359-2874 [509-359-2874], email, by December 6, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The modifications to WAC 172-10-080 are needed to comply with EHB 1595 and the subsequent changes to RCW 42.56.070.
Reasons Supporting Proposal: The modification is being made to comply with HB [EHB] 1595 and the associated changes to RCW 42.56.070.
Statutory Authority for Adoption: RCW 28B.35.120(12), 42.56.070.
Statute Being Implemented: RCW 42.56.070.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Implementing changes to RCW 42.56.070.
Name of Proponent: EWU, governmental.
Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 314 Showalter Hall, 509-359-7496; Implementation and Enforcement: Dr. Mary Cullinan, 214 Showalter Hall, 509-359-6362.
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 34.5.328 [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.
Is exempt under RCW [no further information supplied by agency].
October 16, 2017
Joseph Fuxa
Labor Relations Manager
AMENDATORY SECTION (Amending WSR 14-24-034, filed 11/24/14, effective 12/25/14)
WAC 172-10-080 Costs of providing copies of public records.
(1) The following copy fees and payment procedures apply to requests under chapter 42.56 RCW received on or after July 23, 2017. Pursuant to RCW 42.56.120 (2)(b), Eastern Washington University is not calculating all actual costs for copying records because to do so would be unduly burdensome as the university does not have the resources to conduct a study to determine all actual copying costs, it is difficult to calculate all costs directly incident to copying records, and to conduct such a study would interfere with other essential university functions.
(2) Costs for ((paper)) copies. The university will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The university 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 or other agreement with a requestor. A copy of the university's fee schedule will be available on its public records web site.
(3) The university may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.
(4) There is no fee for inspecting public records. ((A requestor may obtain standard photocopies for fifteen cents per page.)) Before beginning to make the copies, the public records officer may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. Eastern Washington University will not charge sales tax when it makes copies of public records.
(((2) Costs for electronic records. The cost of electronic copies of records shall be five dollars for information on a CD-ROM. The cost of scanning existing university paper or other nonelectronic records is ten cents per page. There will be no charge for emailing electronic records to a requestor, unless another cost applies such as a scanning fee.
(3))) (5) Costs of mailing. Eastern Washington University may also charge actual costs of mailing, including the cost of the shipping container.
(((4))) (6) Payment. Payment may be made by cash, check, or money order to Eastern Washington University.