WSR 17-23-036
[Filed November 7, 2017, 4:55 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-19-100.
Title of Rule and Other Identifying Information: Amend the following WAC to comply with new Public Records Act requirements (section 3, chapter 304, Laws of 2017: WAC 390-14-025 How do I make a public records request for commission records under the Public Records Act?, 390-14-028 How are public records requests for electronic records processed?, and 390-14-030 What are the charges for inspecting or copying public records?).
Hearing Location(s): On December 27, 2017, at 2:00 p.m., at the Public Disclosure Commission (PDC), 711 Capitol Way, Suite 206, Olympia, WA 98501.
Date of Intended Adoption: January 25, 2018.
Submit Written Comments to: Barbara Sandahll [Sandahl], PDC, 711 Capitol Way, Suite 206, Olympia, WA 98504, email, fax 360-753-7112, by December 26, 2017.
Assistance for Persons with Disabilities: Contact Jana Greer, phone 360-753-1111, fax 360-753-7112, email, by December 22, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments to chapter 42.56 RCW require agencies to adopt new rules establishing fees for producing copies of public records. Amended statute allows the agency to use default copy fee schedule provided for in the new law. The statute also allows an agency to waive any charge assessed for a public record pursuant to a rule.
Reasons Supporting Proposal: Necessary to comply with amendments to chapter 42.56 RCW.
Statutory Authority for Adoption: RCW 42.17A.110(1), 42.56.040 (1)(d), 42.56.120 (as amended by section 3, chapter 304, Laws of 2017).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: PDC, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Barbara Sandahl, PDC, 360-753-1111.
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.
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 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; 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.
Is exempt under RCW 19.85.030 (1)(a)(i).
Explanation of exemptions: Exempt under RCW 19.85.030 (1)(a)(i) because the rule will not impose more than minor costs on businesses.
November 7, 2017
B. G. Sandahl
Deputy Director
AMENDATORY SECTION (Amending WSR 12-18-015, filed 8/24/12, effective 9/24/12)
WAC 390-14-025 How do I make a public records request for commission records under the Public Records Act?
(1) Making a public records request. You may make a request to inspect or copy public records in person by completing the public records request form, or by sending the form or a letter, fax or email to the public records officer.
The commission office is located at 711 Capitol Way, Room 206, Evergreen Plaza Building, Olympia, Washington. The mailing address is: Public Disclosure Commission, P.O. Box 40908, Olympia, Washington 98504-0908. Telephone number: 360-753-1111. Toll-free telephone number: 1-877-601-2828. Facsimile number: 360-753-1112. Email: Mark your request to the attention of the public records officer. Include contact information such as your name, address, email address and telephone number, or other contact information. Your request must identify the public records requested, the date of your request, and describe whether you want copies or if you want only to inspect the records. ((The public records officer may ask you to confirm that you will pay for the records or ask you for a deposit.))
(2) Form. A public records request form is available for you at the commission office and online at
(3) Email requests.
(a) Send your email request to Do not send your request to other commission email addresses. This procedure helps the agency see your request so it can respond timely. Include the information described in subsection (1) of this section. Email requests sent to agency email addresses other than will not be considered a public records request under chapter 42.56 RCW but will be responded to as an informal routine inquiry or a general request for information.
(b) Public records requests received via email after regular business hours or on nonbusiness days will be considered received the next business day.
(4) Making oral requests. To avoid misunderstandings about what records you seek, you are strongly encouraged to make a public records request in writing. If you make an oral request, the public records officer will ask you to confirm it before beginning to process it. Your request will be processed after the agency verifies your request in writing.
(5) Records posted on the commission web site. You are strongly encouraged to review the commission's web site at prior to making a request to see if the records you seek are already posted.
(6) Assistance. Whenever you request assistance in making a public records request, the public records officer will assist you in identifying the appropriate public record.
AMENDATORY SECTION (Amending WSR 12-18-015, filed 8/24/12, effective 9/24/12)
WAC 390-14-028 How are responsive public records ((requests for electronic records processed)) produced?
(1) ((Requesting electronic records. The process for you to request an electronic public record is the same as for requesting paper public records. See WAC 390-14-025.
(2))) Providing electronic records. The commission may provide records to you electronically ((if you request them to be provided electronically, to the extent feasible and reasonable and within current resources. Given technology and resource changes, the commission may adjust at any time how or in what specific format records may be provided electronically, and those adjustments may not be set out in rule. However,)) or may provide paper copies. The following general procedures apply to production of electronic copies:
(a) Records provided on the commission's web site have been provided to you electronically. The commission will not provide those records in another electronic format. The public records officer will identify the link to the web site location of the records you request.
(b) If you request an electronic record that is not on the web site and not reasonably translatable into the format you request, or the commission cannot provide the record in electronic format you request ((given the commission's current technology and resources)), then at the commission's option either:
(i) Electronic copies will be provided to you in a format currently used by the commission; or
(ii) Paper copies will be provided to you.
(c) The commission does not have an obligation to convert an electronic record to a digital format that is different than a format maintained by the commission.
(d) The commission does not have an obligation to purchase additional software, equipment, licenses or other items to respond to your requests for records.
(((3))) (2) Exempt information in electronic records. When electronic records you request require redaction to withhold exempt information and redactions cannot be provided electronically, or the records are contained in a database or program that contains exempt or proprietary information, the commission may provide you paper copies with any redactions noted on those copies.
AMENDATORY SECTION (Amending WSR 12-18-015, filed 8/24/12, effective 9/24/12)
WAC 390-14-030 What are the charges for inspecting or copying public records?
(1) The commission does not charge a fee for the inspection of public records made available in the commission office or on the commission web site.
(2) The commission does not charge a fee for locating public records and making them available to you for copying.
(3)(a) The commission may charge ((a published fee for copying records, if you order copies. The commission's schedule of charges for copies is published on the commission's web site at and is available by contacting the public records officer. The executive director may revise the schedule periodically as needed.)) fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120.
(b) Pursuant to RCW 42.56.120(2), the commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated by the legislature for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and to calculate costs; and a study would interfere with and disrupt other essential agency functions.
(4) Before beginning to make copies, the public records officer may require you to deposit up to ten percent of the estimated costs of copying and ((mailing all)) transmitting the records ((selected by you)) responsive to your request. The public records officer may also require you to pay the remainder of the copying costs before providing you all the records, or require you to pay the costs of ((copying)) providing an installment of records before providing you that installment. If you do not retrieve or pay for an installment of records within the time frame set by the public records officer, the balance of the request will not be fulfilled and your request will be closed.
(((5) If it is reasonable and feasible to do so, the commission may provide copies of records electronically. See WAC 390-14-028. Charges for electronic records, if any, are provided in the commission's schedule. Electronic disclosure of records includes providing them on the commission's web site.))