DEPARTMENT OF TRANSPORTATION

[Filed January 10, 2019, 10:50 a.m.]

Preproposal statement of inquiry was filed as WSR 17-17-051.

Title of Rule and Other Identifying Information: Chapter 468-06 WAC, Public access to information and records.

Hearing Location(s): On March 12, 2019, at 9:30 a.m., at the Transportation Building, Nisqually Room, 1D2, 310 Maple Park Avenue S.E., Olympia, WA 98504.

Date of Intended Adoption: March 12, 2019.

Submit Written Comments to: Ashley Holmberg, P.O. Box 47410, Olympia, WA 98504-7410, email HolmbeA@wsdot.wa.gov, fax 360-705-6808.

Assistance for Persons with Disabilities: Contact Karen Engle, phone 360-704-6362, TTY 711, email EngleKa@wsdot.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updating the name of the responsible agency division; the process for submitting public records requests; and the fee schedule per RCW 42.56.120.

Reasons Supporting Proposal: Washington state department of transportation (WSDOT) implemented a new web-based public disclosure system and recent legislation updated the fees agencies are permitted to charge for the production of public records.

Statutory Authority for Adoption: RCW 42.56.040.

Statute Being Implemented: Chapter 42.56 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: WSDOT, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Ashley Holmberg, Olympia, Washington, 360-705-7320; and Enforcement: Kara Larsen, Olympia, Washington, 360-704-6366.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The rule relates only to internal governmental operations that are not subject to violation by a nongovernment party.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3).

Explanation of exemptions: This rule updates the public records request process and adopts fees dictated by RCW 42.56.120, and thus relates only to internal government operations.

Kara Larsen, Director

Risk Management and Legal Services

AMENDATORY SECTION(Amending WSR 15-24-130, filed 12/2/15, effective 1/2/16)

WAC 468-06-040Organization of the department and records management and public disclosure office.

The department is a statutorily created agency of the state of Washington, with headquarters, division, and regional offices. The department's public records office is headed by the director of the ((torts, claims and records))risk management and legal services division. Current organizational and contact information can be found on the records management and public disclosure web site at: http://www.wsdot.wa.gov/Contact/PublicDisclosure.

AMENDATORY SECTION(Amending WSR 15-24-130, filed 12/2/15, effective 1/2/16)

WAC 468-06-060Requesting public records.

(1) Submitting a request. Requests for public records ((must be submitted in writing. Requests)) can be made by:

(a) ((Completing the department's public records request form (DOT Form 722-023) which is available on the department's web site at www.wsdot.wa.gov))Using the public disclosure request center, by clicking on the link on the web site at http://www.wsdot.wa.gov/Contact/PublicDisclosure, or going to https://wsdot.mycusthelp.com/WEBAP/_rs/supporthome.aspx; or

(b) Submitting a written request to the department that includes:

(i) The name, address, telephone number, and email address of the person requesting the records;

(ii) The date and time of the request;

(iii) A description of the public records sought adequate for the department to identify and locate all responsive records;

(iv) Language stating that the request for records is intended as a public records request or a similar statement placing the department on fair notice that records are being sought under the PRA; and

(v) A statement indicating whether copies or the records are sought or if the requestor wants to arrange to inspect records.

Requests not submitted through the public disclosure request center identified in (a) of this subsection can be submitted to the department via ((email,)) U.S. mail, hand delivery, or facsimile at:

Public Records Office

Transportation Building

310 Maple Park Avenue S.E.

P.O. Box 47410

Olympia, WA ((98504-7300

Email: publicdislcosurerequests@wsdot.wa.gov [publicdisclosurerequests@wsdot.wa.gov]))98504-7410

Facsimile: 360-705-6808

Failure to submit requests to the department at the above location may result in a delay in the department's response.

(2) Requested production. Nonexempt records are available through inspection, paper copies, or electronic copies. The requestor should indicate the production preference and make arrangements to pay the fees, if any.

AMENDATORY SECTION(Amending WSR 15-24-130, filed 12/2/15, effective 1/2/16)

((The department will notify the requestor of any fees associated with the request and requires full payment before providing records.

(1) Costs for paper and electronic copies.

(a) There is no fee for inspecting public records or emailing electronic records to a requestor, unless another cost applies, such as a scanning fee.

(b) The department will charge an amount necessary to reimburse its costs for providing paper and electronic copies of records, including costs for electronic copies on a CD-ROM or posting on online and scanning paper or other nonelectronic records.

(c) The fee amounts shall be reviewed from time to time by the department, and shall represent the costs of providing copies of public records and for use of the department's equipment, including staff time spent copying or scanning records, preparing records for copying or scanning, and restoring files. This charge is the amount necessary to reimburse the department for its actual costs. The charge for special copy work of nonstandard public records shall reflect the total cost, including the staff time necessary to safeguard the integrity of these records.

(d) The department may charge actual costs of mailing, including the cost of the shipping container.

(2) Waiver of fees. The department is authorized to waive any fees if the department determines it is cost effective to do so.))(1) The following copy fees and payment procedures apply to requests to the department under chapter 42.56 RCW and received on or after (ENTER DATE FILED).

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

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

(4) Requestors are 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) All required fees must be paid in advance of release of the copies or an installment of copies. The office will notify the requestor of when payment is due.

(6) Payment should be made by check or money order to the Washington state department of transportation.

(7) The department will close a request when a requestor fails by the payment date to pay in the manner prescribed for records or an installment of records.