SCHOOL FOR THE BLIND

[Filed July 9, 2018, 8:54 a.m., effective August 9, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this rule is to comply with the 2017 legislative amendment to RCW 42.56.120, section 3, chapter 304, Laws of 2017, that requires 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 School for the Blind is not calculating actual costs for copying records because to do so would be unduly burdensome and new WAC 72-276-095 makes those findings. The School for the Blind is adopting new WAC 72-276-095 so it can use the statutory default copy fee schedule. In addition, RCW 42.56.120 as amended by section 3, chapter 304, Laws of 2017, allows an agency to waive any charge assessed for a public record pursuant to agency rule. WAC 72-276-095 also provides for fee waivers. The purpose of the new rule is to address waiver of charges assessed for a public record and continue to explain the procedures for payment for copies. Finally, the School for the Blind is repealing WAC 72-276-090, its copying fees rule originally adopted under former chapter 42.17 RCW because that rule is now outdated.

Citation of Rules Affected by this Order: New WAC 72-276-095; and repealing WAC 72-276-090.

Statutory Authority for Adoption: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120 (as amended by chapter 304, Laws of 2017).

Adopted under notice filed as WSR 17-23-083 [on November 14, 2017] and WSR 18-10-056 on April 27, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 1.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 1.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 9, 2018.

WAC 72-276-095Copying fees—Payments.

(1) The following copy fees and payment procedures apply to requests to the school under chapter 42.56 RCW.

(2) Pursuant to RCW 42.56.120 (2)(b), the school is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The school does not have the resources to conduct a study to determine all its actual copying costs;

(b) To conduct such a study would interfere with other essential agency functions; and

(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).

(3) The school will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The school will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the school may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The school may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the school are summarized in the fee schedule available on the school's web site at www.wssb.wa.gov.

(4) Requestors may be required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:

(a) It is within the discretion of the public records officer to waive copying fees when:

(i) All of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or

(ii) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

(b) Fee waivers are not applicable to records provided in installments.

(5) The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.

(6) When requestors are required to pay in advance, fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The school will notify the requestor of when payment is due.

(7) Payment should be made by check or money order to the Washington State School for the Blind. The school prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.

(8) The school will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.

The following section of the Washington Administrative Code is repealed:

Costs of providing copies of public records.