WSR 17-23-085
[Filed November 14, 2017, 3:06 p.m., effective November 14, 2017, 3:06 p.m.]
Effective Date of Rule: Immediately upon filing.
To comply with HB 1595 and RCW 42.56.120, it is necessary to update this code;
It is unduly burdensome for Eastern Washington University (EWU) to calculate actual costs for copying records to fulfill public records requests; and
Pursuant to RCW 45.56.120, these changes will allow EWU to reimburse the university the costs associated with fulfilling its duties under the Public Records Act.
Citation of Rules Affected by this Order: Amending WAC 172-10-080.
Statutory Authority for Adoption: RCW 28B.35.120(12) and chapter 34.05 RCW.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: To comply with HB 1595 and RCW 42.56.120.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 14, 2017.
Joseph Fuxa
Labor Relations Manager
Chapter  172-10  WAC
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 re-quester. A copy of the university's fee schedule will be available on its public records website.
(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.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.