WSR 16-20-032

PERMANENT RULES

[Filed September 27, 2016, 4:35 p.m., effective November 1, 2016]

Effective Date of Rule: November 1, 2016.

Purpose: This is a technical amendment to remove subsection (c) of Regulation I, Section 14.05 in its entirety. This subsection was based upon RCW 43.105.280 which allowed the agency, if needed, to charge a fee to provide customized access to an electronic record to a requester. In 2015, the Washington state legislature deleted RCW 43.105.280, including the provision allowing the agency to charge a fee for customized access. Thus, the amendment would remove subsection (c), referring to RCW 43.105.280, in full from Section 14.05. In addition, to date the agency has not been in the position of needing to charge a fee for customized access in providing electronic records and the agency has been able to work with requesters to provide electronic records in formats that are easily or reasonably accessible to the agency and the requester.

Citation of Existing Rules Affected by this Order: Amending Regulation I, Section 14.05.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 16-16-122 on August 3, 2016.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 22, 2016.

Craig Kenworthy

Executive Director

(a) Requesting electronic public records. The process for requesting electronic public records is the same as for requesting paper public records.

(b) Providing electronic public records. When a requester requests public records in an electronic format, the public records officer will provide the nonexempt public records or portions of such records that are reasonably locatable in an electronic format that is used by the Agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the Agency keeps the public records.

(((c) Customized access to data bases. With the consent of the requester, the Agency may provide customized access under RCW 43.105.280 if the public record is not reasonably locatable or not reasonably translatable into the format requested. The Agency may charge a fee consistent with RCW 43.105.280 for such customized access.))