WSR 18-04-011 PERMANENT RULES SHORELINE COMMUNITY COLLEGE [Filed January 26, 2018, 7:59 a.m., effective February 26, 2018] Effective Date of Rule: Thirty-one days after filing. Purpose: EHB 1595 (section 3, chapter 304, Laws of 2017) pass in 2017 and effective July 23, 2017, modified the authority for state agencies (including higher education) to charge for costs associated with producing records in response to a public records request. Shoreline Community College has amended the section of our public records rule for compliance with the new requirements. Citation of Rules Affected by this Order: Amending WAC 132G-276-090. Statutory Authority for Adoption: RCW 42.56.120 as amended by chapter 304, Laws of 2017 (EHB 1595), RCW 42.56.040 (1)(d) and 28B.50.140(13). Adopted under notice filed as WSR 17-22-038 on October 24, 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: January 24, 2018. Cheryl Roberts President
AMENDATORY SECTION (Amending WSR 00-10-048, filed 4/26/00, effective 5/27/00)
WAC 132G-276-090 ((Copying.)) Charges for public records.
No fee shall be charged for the inspection of public records. The college imposes a charge for providing copies of public records. ((Such charges shall not exceed the amount necessary to reimburse the college for the actual cost as allowed by law.)) Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b), as amended by section 3, chapter 304, Laws of 2017. The college may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor. The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.
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