WSR 17-24-130
[Filed December 6, 2017, 11:57 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-166.
Title of Rule and Other Identifying Information: WAC 326-07-100 Fees.
Hearing Location(s): On January 9, 2018, at 10:00 a.m., at the Office of Minority and Women's Business Enterprises (OMWBE), 1110 Capitol Way South, Room #135, Olympia, WA 98501. Live Webinar:
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Date of Intended Adoption: January 10, 2018.
Submit Written Comments to: Mark Kifowit, 1110 Capitol Way South, #150, email, fax 360-586-7079, by January 8, 2018.
Assistance for Persons with Disabilities: Contact Mark Kifowit, phone 360-664-9764, fax 360-586-7079, email, by December 20, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal implements HB 1595 passed during the 2017 session. The bill amended the Public Records Act, chapter 42.56 RCW. These amendments allow OMWBE to charge for scanning and digitizing records and to provide them via email, thumb drive, or compact disk.
Reasons Supporting Proposal: The agency plans to adopt the proposed statutory default fee schedule. The office is not calculating actual costs for copying records because to do so would be unduly burdensome. The agency does not have the resources to conduct a study, and it would interfere with essential OMWBE functions. In addition, RCW 42.56.120 as amended by section 3, chapter 304, Laws of 2017, allows an agency to waive any charge assessed for a public record pursuant to agency rule. Finally, the office intends to amend WAC 326-07-100 to reflect current law, technology, and processes.
Statutory Authority for Adoption: RCW 39.19.030, 42.56.040, 42.56.070, 42.56.100, 42.56.120, and chapter 304, Laws of 2017.
Statute Being Implemented: RCW 39.19.030.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The office intends to proceed with amending WAC 326-07-100 to comply with the 2017 HB 1595.
Name of Proponent: OMWBE, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Mark Kifowit, 1110 Capitol Way South, #150, Olympia, WA 98501, 360-664-9764; and Enforcement: Teresa Berntsen, 1110 Capitol Way South, #150, Olympia, WA 98501, 360-664-9757.
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 Washington state legislature mandates the change.
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; 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.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The Washington state legislature mandated costs in HB 1595.
December 6, 2017
Mark Kifowit
Assistant Director of Policy
AMENDATORY SECTION (Amending WSR 98-13-007, filed 6/4/98, effective 7/5/98)
WAC 326-07-100 Fees.
((No fee shall be charged for the inspection of public records. The office shall charge a fee of fifteen cents per page for providing copies of public records. This charge is the amount necessary to reimburse the office for its actual costs incident to such copying.)) (1) The following copy fees and payment procedures apply to requests to the office under chapter 42.56 RCW and received on or after July 23, 2017.
(2) Pursuant to RCW 42.56.120 (2)(b), the office is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:
(a) The office does not have the resources to conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere with other essential agency functions; and
(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).
(3) The office will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The office will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the office may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The office may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the office are summarized in the fee schedule available on the office's web site at
(4) Requestors are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:
(a) It is within the discretion of the public records officer to waive copying fees when:
(i) All of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or
(ii) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.
(b) Fee waivers are not applicable to records provided in installments.
(5) The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.
(6) All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The office will notify the requestor of when payment is due.
(7) Payment should be made by check or money order to the office of minority and women's business enterprises. The office prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.
(8) The office will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.