WSR 18-02-103 EXPEDITED RULES DEPARTMENT OF AGRICULTURE [Filed January 3, 2018, 10:45 a.m.] Title of Rule and Other Identifying Information: WAC 16-545-059 Fees—Inspection and copying, this rule establishes the Washington turfgrass seed commission's fees for public disclosure. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making amends the Washington turfgrass seed commission marketing order by updating public disclosure rules to implement the provisions of EHB 1595 (chapter 304, Laws of 2017). Reasons Supporting Proposal: EHB 1595 (chapter 304, Laws of 2017) requires rule making regardless of whether the commission proposes to charge actual costs for producing public records, charge in accordance with the statutory schedule, or waive fees for producing public records. Under EHB 1595, to charge statutory fees the department must adopt a rule declaring that charging actual costs would be unduly burdensome. Statute Being Implemented: RCW 42.56.120. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Washington alfalfa seed commission, governmental. Name of Agency Personnel Responsible for Drafting: Teresa Norman, Olympia, 360-902-2043; Implementation and Enforcement: Shane Johnson, Kennewick, 509-585-5460. This notice meets the following criteria to use the expedited adoption process for these rules: Relates only to internal governmental operations that are not subject to violation by a person. Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Using the expedited rule-making process is appropriate because these proposed rules cover internal procedures of the Washington turfgrass seed commission. NOTICE THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Teresa Norman, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-2043, fax 360-902-2092, email WSDARulesComments@agr.wa.gov, AND RECEIVED BY March 6, 2018. January 3, 2018 Derek I. Sandison Director
AMENDATORY SECTION (Amending WSR 17-05-037, filed 2/8/17, effective 3/11/17)
WAC 16-545-059 Fees—Inspection and copying.
(1) No fee will be charged for the inspection of public records.
(2) ((The commission charges a fee of fifteen cents per page of black and white photocopy plus postage for reimbursement of the costs of providing copies of public records.
(3) Requests for records in special formatting, including color copies, will be charged at the amount necessary to reimburse the commission for its actual production costs. If the public records officer deems it more efficient to have copying or duplicating done outside the commission, the charges will be based on the actual cost of such outside copying or duplicating service.)) 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 for performing a study to calculate actual costs and the commission 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.
(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington turfgrass seed commission. The commission may require that all charges be paid in advance of release of the copies of the records.
(4) The commission or its designee may waive any of the foregoing copying costs.
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