WSR 17-16-080 EMERGENCY RULES DEPARTMENT OF LICENSING [Filed July 26, 2017, 2:48 p.m., effective July 26, 2017, 2:48 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: To update costs the department will charge for providing copies of public records to comply with EHB 1595 passed in the 2017 regular legislative session.
Citation of Existing Rules Affected by this Order: Amending WAC 308-10-045.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: EHB 1595, which took effect July 23, 2017, changed what costs may be charged for producing public records under the Public Records Act. In order for the department to continue charging for producing copies of records in compliance with the new state law, it must change its rule governing copying and production costs of public records.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 26, 2017.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-10-040, filed 4/27/10, effective 5/28/10)
WAC 308-10-045 Costs of providing copies of public records.
(1) No fee shall be charged for the inspection of public records. ((The department shall charge a fee in the amount necessary to reimburse the department for its actual costs incident to providing copies of public records. The schedule of charges is:
(2))) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the department declares that it would be unduly burdensome for it to calculate actual costs for providing copies of public records for the following reasons: Funds were not allocated to perform a study to calculate such actual costs and the agency lacks the necessary funds and staff resources to perform a study and calculate costs at this time, and completing a cost study would interfere with other essential agency functions.
(2) The department may charge fees for producing copies of public records consistent with the fee schedule established in RCW 42.56.120 (2)(b) and (c) and for customized services pursuant to RCW 42.56.120(3).
(3) Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The department will not charge sales tax when it makes copies of public records.
(((3))) (4) Payment may be made by check or money order to the department.
(((4))) (5) When it is in the fiscal and administrative interest of the state, the public records officer or designee may waive charges of $((4.50)) 5.00 or less.
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