WSR 17-21-078
[Filed October 16, 2017, 3:52 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-119.
Title of Rule and Other Identifying Information: WAC 415-06-060 Public records fees.
Hearing Location(s): On November 22, 2017, at 10:30 a.m., at the Department of Retirement Systems, 6835 Capitol Boulevard, Room 115, Tumwater, WA 98501.
Date of Intended Adoption: November 22, 2017.
Submit Written Comments to: Jilene Siegel, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, email, by November 21, 2017.
Assistance for Persons with Disabilities: Contact Jilene Siegel, phone 360-664-7291, TTY 711, email, by November 17, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend the department's rule concerning fees for copying and providing public records, in compliance with EHB 1595 (chapter 304, Laws of 2017). This action seeks to make permanent the emergency rule that was filed on July 21, 2017, and published as WSR 17-16-030.
Statutory Authority for Adoption: RCW 41.50.050.
Statute Being Implemented: Chapter 42.56 RCW, EHB 1595 (chapter 304, Laws of 2017).
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Implementation: DRS Public Records Officer, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7299.
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. RCW 34.05.328 (5)(a)(i) does not apply and this proposed rule is not voluntarily made applicable by the agency.
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; rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; rule content is explicitly and specifically dictated by statute; 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.
October 16, 2017
Jilene Siegel
Rules Coordinator
AMENDATORY SECTION (Amending Order 4, filed 7/27/77)
WAC 415-06-060 ((Copying.)) Fees.
(1) No fee shall be charged for the inspection of public records((. The department shall charge a fee equal to the amount necessary to reimburse the department for its actual costs incident to any copying)) or for locating public records and making them available for copying. However, the department may charge fees for copying and providing copies of public records. Such fees will not exceed the rates established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.
(2) Pursuant to RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017, the department declares for the following reasons that it would be unduly burdensome to calculate the actual costs of copying and providing copies of public records: Department resources were not allocated for performing a study to calculate the actual costs; the department lacks the necessary resources to perform such a study and calculations; and such a study would interfere with and disrupt other essential department functions.