WSR 19-06-020
[Filed February 27, 2019, 7:39 a.m., effective March 30, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To allow consolidated technology services to charge fees for production of records and adopt the schedule of costs laid out in RCW 42.56.120, as amended.
Citation of Rules Affected by this Order: New WAC 143-06-170 and 143-06-180; repealing WAC 143-06-090; and amending WAC 143-06-160.
Statutory Authority for Adoption: RCW 42.56.100, 42.56.040 (1)(d), 42.56.120, 43.10.110.
Adopted under notice filed as WSR 19-03-115 on January 16, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 27, 2019.
Rebekah O'Hara
Chief Legal Services Officer
WAC 143-06-170Calculations of action costs of producing copies of public records declared to be unduly burdensomeAdoption of statutory fee schedule.
(1) Consolidated Technology Services has deemed the actual calculation of costs to the agency for producing responsive records to a public records request is unduly burdensome, because:
a) The office does not have the resources to conduct a study to determine all its actual copying costs;
b) staff resources are insufficient to perform a study and to calculate such actual costs
c) funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations;
d) to conduct such a study would interfere with other essential agency functions
e) through the 2017 legislative process, the public and requesters 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). 
As such, Consolidated Technology Services shall charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). Consolidated Technology Services will charge for customized services pursuant to 42.56.120(3). Under RCW 42.56.130, Consolidated Technology Services may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. Consolidated Technology Services may enter into an alternative fee agreement with a requester under RCW 42.56.120(4).
(2) This fee schedule will be set forth on the Consolidated Technology Services Agency website and be updated with subsequent changes to RCW 42.56 or further Consolidated Technology rule-making.
(3) Consolidated Technology Services may include a customized service charge for certain public records requests. Requests that require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such customized access services are not used by the agency. The customized service charge may reimburse Consolidated Technology Services up to the actual cost of providing these services.
WAC 143-06-180Fee waivers
Requesters 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.
(1) It is within the discretion of the public records officer to waive copying fees when: (a) all of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or (b) 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 100 printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requester will be charged in accordance with this rule. `
(2) Fee waivers are not applicable to records provided in installments.
WAC 143-06-190Requestor fees and deposits
Consolidated Technology Services shall 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.
All required 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. Consolidated Technology Services will notify the requester of when payment is due.
The following section of the Washington Administrative Code is repealed:
WAC 143-06-090
AMENDATORY SECTION(Amending WSR 00-01-028, filed 12/7/99, effective 1/7/00)
WAC 143-06-160Records in possession of data processing service centers.
No public records of users of department services shall be made available for public inspection or copying by the department without the express written authorization of the user.
Requests for inspection or copying of public records of the user, held or maintained by the center, shall be referred to the user for determination as to the right of public access to such records, pursuant to chapter 42.1756 RCW. ((Costs incurred by the department in providing access to or copies of public records of the user pursuant to chapter 42.17 RCW shall be paid by the user.))
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.