WSR 18-19-096
[Filed September 18, 2018, 5:54 p.m.]
Subject of Possible Rule Making: Revision to WAC 132J-276-090 based on amendments [to] RCW 42.56.120 of the Public Records Act regarding charging costs for public records.
Statutes Authorizing the Agency to Adopt Rules on this Subject: 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).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Revision to WAC 132J-276-090 based on EHB 1595 legislation; effective July 23, 2017, which amends RCW 42.56.120 (section 3, chapter 304, Laws of 2017). The amendments to RCW 42.56.120 require that before an agency uses the amended statutory default copy fee schedule in the new law (rather than determining actual costs 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 rule amendments to WAC 132J-276-090 makes those findings. RCW 42.56.120, as amended, also allows an agency to waive any charge assessed for a public record pursuant to a rule. WAC 132J-276-090 also provides for fee waivers.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state community and technical college system.
Process for Developing New Rule: Regular rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting George Frasier, 12401 S.E. 320th Street, Auburn, WA 98092-3622, phone 253-288-3338, fax 253-288-3460, email, web site
September 18, 2018
George Frasier
Executive Director
of Resource Development