WSR 17-20-027

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 27, 2017, 8:16 a.m.]

Subject of Possible Rule Making: The purpose of this rule making is to adopt a rule that implements the new Public Records Act (PRA) requirements and provide the necessary findings so that the executive ethics board may use the amended statutory default fee schedule effective July 23, 2017, and explain the procedures for payment of copies and waiver of fees. This rule making will also update the rule to provide clarity to state employees and the public.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.56.100, 42.56.040 (1)(d), 42.56.120, 42.56.360.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 2017 legislature amended RCW 42.52.120 to require that if an agency uses the amended statutory default copy fee schedule the agency must have a rule declaring the reason it is not calculating the actual costs is because to do so would be burdensome. The rule will make those findings. RCW 42.52.120 was also amended to allow an agency to waive any charge assessed for a public record pursuant to agency rule.

Process for Developing New Rule: The executive ethics board will provide public notice of this rule making through filings in the Washington State Register and posting information on the agency web site www.ethics.wa.gov. The executive ethics board will also seek public comment as described in the rule-making form, CR-102, from persons who have requested notice of rule making and from persons who attend the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kate Reynolds, 2425 Bristol Court S.W., Olympia, WA 98504, phone 360-664-0871, fax 360-586-3955, email ethics@atg.wa.gov, web site www.ethics.wa.gov.

September 27, 2017

Ruthann Bryant

Administrative Officer