WSR 17-22-139
[Filed November 1, 2017, 11:57 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-173.
Title of Rule and Other Identifying Information: WAC 200-01-075 Costs of providing public records.
Hearing Location(s): On December 5, 2017, at 2:00 p.m., at 1500 Jefferson, Room 2320, Olympia, WA 98504.
Date of Intended Adoption: December 13, 2017.
Submit Written Comments to: Jack Zeigler, online, by December 7, 2017.
Assistance for Persons with Disabilities: Contact Jack Zeigler, phone 360-407-9209, email, by November 21, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule change is to allow the department of enterprise services (DES) to use the statutory fee schedule when providing public records and to allow DES to use its discretion to waive charges for providing public records.
Reasons Supporting Proposal: EHB 1595 which was passed during the 2017 legislative session, changes the circumstances under which an agency may charge or waive charges for copying public records:
(1) In order to use the statutory fee schedule in lieu of charging actual costs for providing records, agencies are now required to declare by rule the reasons why calculating actual costs would be overly burdensome; and
(2) Agencies may only waive charges for public records requests if it has rules governing such a waiver of charges.
DES has not declared by rule the reasons why calculating actual costs would be overly burdensome; and does not have permanent rules in place governing a waiver of charges. Because of this, DES is limited to charging actual costs for providing public records until DES changes its rules.
Statutory Authority for Adoption: RCW 43.19.011 DirectorPowers and duties and 42.56.120 Duty to publish procedures.
Statute Being Implemented: RCW 42.56.070 Documents and indexes to be made publicStatement of costs.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DES, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Harold Goldes, 1500 Jefferson, Olympia, WA, 360-407-8768; and Enforcement: Jason Siems, 1500 Jefferson, Olympia, WA, 360-407-8729.
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. DES is not an agency listed in RCW 34.05.328 (5)(a)(i). Further, DES does not voluntarily make section 201 applicable to this rule adoption nor to date, has the joint administrative rules review committee made section 201 applicable to this rule adoption.
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 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.
November 1, 2017
Jack Zeigler
Rules Manager
AMENDATORY SECTION (Amending WSR 12-02-004, filed 12/22/11, effective 1/22/12)
WAC 200-01-075 Costs of providing public records.
(1) There is no fee for inspecting public records. DES may ((impose a)) charge for providing public records((. DES)) or waive charges for providing public records. DES will charge using the fees listed under RCW 42.56.120 and will maintain a fee schedule on its web site.
(2) ((The charge for providing public records may be the actual cost incident to providing the records.
(a) The charge may include the actual cost of the postage or delivery, including the cost of the shipping container, cost of duplicating tape recordings, videotapes, photographs, slides, disks or similar media.
(b))) There will be no charge for emailing electronic records to a requestor, unless another cost applies.
(3) ((If determining the actual cost is too burdensome or if the cost cannot be determined, DES may charge fifteen cents for each page, however produced.)) DES has determined calculating the actual costs for providing public records is unduly burdensome for the following reasons:
(a) The level of effort, supplies, and shipping costs incurred by DES vary widely for each records request and are unique to each records request;
(b) Recordkeeping needed to capture all allowed costs unnecessarily increases DES's administrative overhead; and
(c) Determining actual costs for each records request within the statutory response time frame requires a greater than normal level of administrative resources.
(4) Before beginning to copy public records, the public records officer may require:
(a) A deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor;
(b) The payment of the remainder of the copying costs before providing all the records; or
(c) The payment of the costs of copying an installment before providing that installment. The department will not charge sales tax when it makes copies of public records.
(5) Payment may be made by cash in the exact amount charged, check, or money order to the department of enterprise services.