WSR 18-06-098 PERMANENT RULES DEPARTMENT OF AGRICULTURE [Filed March 7, 2018, 6:45 a.m., effective April 7, 2018] Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this rule making was to amend the Washington turfgrass seed commission marketing order by updating public disclosure rules to implement the provisions of EHB 1595 (chapter 304, Laws of 2017). Citation of Rules Affected by this Order: Amending WAC 16-545-059. Statutory Authority for Adoption: Chapter 42.56 RCW. Other Authority: Chapter 34.05 RCW. Adopted under notice filed as WSR 18-02-103 on January 3, 2018. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 7, 2018. Patrick Capper Deputy 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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