WSR 18-01-130

EMERGENCY RULES

UNIVERSITY OF WASHINGTON

[Filed December 19, 2017, 4:15 p.m., effective December 22, 2017]

Effective Date of Rule: December 22, 2017.

Purpose: This is our second emergency filing in order to keep the university in compliance with updates to RCW 42.56.120(2) as amended by chapter 304, Laws of 2017, while we complete permanent rule making. We filed our proposal to be published in WSR [Issue] 17-24 on December 20, 2017.

Citation of Rules Affected by this Order: Amending WAC 478-276-100.

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 2017).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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: The University of Washington finds good cause to file this second emergency rule, WAC 478-276-100 for the following reasons: The Public Records Act is chapter 42.56 RCW. The 2017 legislature amended RCW 42.56.120, section 3, chapter 304, Laws of 2017, to require that effective July 23, 2017, if an agency uses the new law's amended statutory default copy fee schedule (rather than determining actual costs of copies), the agency must have a rule declaring the reason it is not calculating actual costs is because to do so would be unduly burdensome. The office is not calculating actual costs for copying records because to do so would be unduly burdensome for the reasons specified in WAC 478-276-100. In addition, RCW 42.56.120 as amended by section 3, chapter 304, Laws of 2017, allows an agency to waive any change assessed for a public record pursuant to agency rule. In order to waive copy fees for records responsive to a request submitted on or after July 23, 2017, WAC 478-276-100 describes the circumstances under which the office will waive copy fees.

There is insufficient time under permanent rule-making procedures for the office to bring its copy fees into statutory compliance by July 23, 2017, or within a short time after. The office also finds that it is in the general welfare and the public interest, and benefits requesters and the agency, to adopt this second emergency rule in order to preserve and update fees in accordance with the legislatively adopted schedule, allow for fee waivers, and provide payment procedures. The office is in the process of permanent rule making and filed our proposal to be published in WSR [Issue] 17-24 on December 20, 2017.

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 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, 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: December 19, 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.