WSR 17-24-091
[Filed December 5, 2017, 1:10 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-18-107.
Title of Rule and Other Identifying Information: WAC 478-276-100, governing access to public records, copying.
Hearing Location(s): On January 17, 2018, at 12:30 p.m., at Gerberding Hall, Room 142, University of Washington, Seattle campus.
Date of Intended Adoption: February 8, 2018.
Submit Written Comments to: Barbara Lechtanski, University of Washington Rules Coordination Office, [P.O.] Box 351210, Seattle, WA 98195-1210, email, by January 17, 2018.
Assistance for Persons with Disabilities: Contact disability services office, phone 206-543-6450, TTY 206-543-6452, email, by January 10, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The University of Washington is updating WAC 478-276-100 to conform with amendments made by the 2017 legislature to RCW 42.56.120 regarding agency determination of copying costs for producing public records.
Reasons Supporting Proposal: The 2017 legislature amended RCW 42.56.120, section 3, chapter 304, Laws of 2017, and the University of Washington is updating WAC to conform to the amendment. An emergency rule is in place.
Statutory Authority for Adoption: RCW 28B.20.130, 42.56.100, 42.56.040(1), and 42.56.120 (as amended by chapter 304, Laws of 207 [2017]).
Statute Being Implemented: Chapter 304, Laws of 2017.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: University of Washington, governmental.
Name of Agency Personnel Responsible for Drafting: Eliza Saunders, Director of Public Records and Open Meetings and Public Records Officer, 4311 11th Avenue N.E., Suite 360, Seattle, WA 98105, 206-543-9180; Implementation and Enforcement: Eliza Saunders, Director of Public Records and Open Meetings and Public Records Officer and Ann Anderson, Associate Vice President and Controller for Finance and Administration, 4311 11th Avenue N.E., Suite 360, Seattle, WA 98105, 206-543-9180.
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. The University of Washington does not consider this rule making to be a significant legislative 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.
December 5, 2017
Barbara Lechtanski
Director of Rules Coordination
AMENDATORY SECTION (Amending WSR 13-05-073, filed 2/19/13, effective 3/22/13)
WAC 478-276-100 Copying fees.
(1) Copying facilities available. Facilities shall be made available to requestors for the copying of public records as set forth under WAC 478-276-095, except when and to the extent that this would unreasonably disrupt the operations of the public records office.
(2) Copying costs. ((The university may charge for providing copies of public records. Charges are posted on the office's web site.
(3) Other costs.)) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the University of Washington 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 for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions. Therefore, the University of Washington adopts the following fees consistent with the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017:
(a) Fifteen cents per page for photocopies of public records, and printed copies of electronic public records when requested by the person requesting records;
(b) The university may charge ((for nonpaper media)) the actual cost of any digital storage media or device (for example, without limitation, compact disks (CDs), digital versatile disks (DVDs), audiotape, or videotape) used to provide copies, ((packaging,)) the actual cost of any container and envelope used to mail or transmit the copies to the requestor, and the actual postage or delivery charge, or other charges as allowed by law. Such charges shall not exceed the amount necessary to reimburse the university for actual costs.
(((4))) (3) Deposits. The university may require a ten percent deposit on copying or other charges. Any required deposit must be paid before the request is processed.
(((5))) (4) Prepayment. The public records office shall not release any requested copies of public records unless and until the requestor has paid all copying and other charges as set forth above. Fee waivers are an exception and are available at the discretion of the public records officer. If payment is not received by the public records office within fifteen business days of issuance of the university's notice of availability, the university may consider the request closed, and any records or copies responsive to such request shall be subject to disposition as provided under WAC 478-276-105.