WSR 19-08-059
[Filed March 29, 2019, 1:45 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-19-096.
Title of Rule and Other Identifying Information: Amending WAC 132J-276-090 relating to copying charges for public records.
Hearing Location(s): On May 9, 2019, at 5:15 p.m., at the AD Board Room, Green River College (GRC).
Date of Intended Adoption: June 4, 2019.
Submit Written Comments to: George Frasier, 12401 S.E. 320th Street, Auburn, WA 98092-3622, email, fax 253-288-3460, by April 12, 2019, and May 9, 2019.
Assistance for Persons with Disabilities: Contact Phil Denman, phone 253-833-9111 ext. 2300, fax 253-288-3460, email, see purpose above [below], by April 12, 2019, and May 9, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: GRC proposes amending chapter 132J-276 WAC to conform such chapter to: (1) Recent changes in the law concerning public records (RCW 42.56.120); (2) model rules recommended by attorney general's office (chapter 44-14 WAC), and (3) current agency practices.
Reasons Supporting Proposal: RCW 42.56.120 authorizes these changes involving charging for public records.
Statutory Authority for Adoption: RCW 42.56.120 and 28B.50.140(13).
Statute Being Implemented: RCW 42.56.120.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: GRC, public.
Name of Agency Personnel Responsible for Drafting: George Frasier, GRC, Auburn, Washington, 253-288-3338; Implementation and Enforcement: Public Records Manager, GRC, Auburn, Washington, 253-288-3361.
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. GRC is not a listed agency in RCW 34.05.328 (5)(a)(i).
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) as the rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
March 29, 2019
George Frasier
Executive Director of
Resource Development
AMENDATORY SECTION(Amending Order 73-2, filed 5/14/73)
WAC 132J-276-090((Copying.))Charges for public records.
No fee shall be charged for the inspection of public records. The district ((shall charge a fee of 10¢ per page of copy for providing copies of public records and for use of the district's copy equipment. This charge is the amount necessary to reimburse the district for its actual costs incident to such copying. If a particular request for copies requires an unusually large amount of time, or the use of any equipment not readily available, the district will provide copies at a rate sufficient to cover any additional cost))imposes a charge for providing copies of public records. Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the district charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b), as amended by section 3, chapter 304, Laws of 2017. The district may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor. All fees must be paid ((by money order, cashier's check or cash)) in advance. The district may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.