WSR 18-03-141 PERMANENT RULES COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS [Filed January 22, 2018, 11:45 a.m., effective February 22, 2018] Effective Date of Rule: Thirty-one days after filing.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 42.56.120 as amended effective July 23, 2017 (section 3, chapter 304, Laws of 2017) requires that before an agency uses the amended statutory default copy fee schedule in the new law (rather than determining actual cost of copies), the agency must have a rule declaring the reason that it is not calculating actual costs because to do so would be unduly burdensome. The agency made that declaration in the amended language for WAC 34-04-080. Purpose: To adopt the new fee schedule for public records requests established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017. Citation of Rules Affected by this Order: Amending WAC 34-04-080 Copying. Statutory Authority for Adoption: EHB 1595 (chapter 304, Laws of 2017), chapters 42.56 and 43.117 RCW. Adopted under notice filed as WSR 17-24-071 on December 4, 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Date Adopted: January 20, 2018. Michael Itti Executive Director
AMENDATORY SECTION (Amending WSR 82-20-015, filed 9/28/82)
WAC 34-04-080 ((Copying.)) Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule.
((No fee shall be charged for the inspection of public records. The commission shall charge a fee of $.25 per page for providing copies of public records and for use of the commission's copy equipment. This charge is the amount necessary to reimburse the commission for its actual costs incident to such copying.)) (1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington state commission on Asian Pacific American affairs 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.
(2) The Washington state commission on Asian Pacific American affairs may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.
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