WSR 17-21-115

EMERGENCY RULES

PENINSULA COLLEGE

[Filed October 18, 2017, 10:58 a.m., effective October 18, 2017, 10:58 a.m.]

Effective Date of Rule: Immediately upon filing.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The Public Records Act is chapter 42.56 RCW. RCW 42.56.120 as amended, requires that before an agency uses the amended statutory default copy fee schedule in the new law (rather than determining actual costs of copies), the agency must have a rule declaring the reason that it is not calculating actual costs because to do so would be unduly burdensome.

Purpose: The purpose of the rule is to implement the state legislature's new Public Records Act requirement and provide the necessary findings so that [the] agency may use the amended statutory default fee schedule and explain procedures for payment.

Statutory Authority for Adoption: RCW 42.56.100, 42.56.040 (1)(d), [42.]56.120 (as amended by chapter 304, Laws of 2017); RCW 42.10.110.

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: The Public Records Act is chapter 42.56 RCW. RCW 42.56.120 as amended, requires that before an agency uses the amended statutory default copy fee schedule in the new law (rather than determining actual costs of copies), the agency must have a rule declaring the reason that it is not calculating actual costs because to do so would be unduly burdensome. This agency is not calculating actual costs for copying records because to do so would be unduly burdensome. This agency will adhere to the public records request default fee schedule as outlined in RCW 42.56.120 and incorporated in the table below when providing copies 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.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 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, 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: August 8, 2017.

Kelly L. Griffith

Executive Assistant

to the President

Rules Coordinator

AMENDATORY SECTION (Amending WSR 99-15-072, filed 7/20/99, effective 8/20/99)

WAC 132A-276-045 Copying.

No fee shall be charged for the inspection of public records. The district ((may impose a reasonable charge for)) will adhere to the public records request default fee schedule as outlined in RCW 42.56.120 and incorporated in the table below when providing copies of public records ((and for the use by any person of agency equipment to copy public records; such charges shall not exceed the amount necessary to reimburse the district for its actual costs incident to such copying)). All fees must be paid by money order, credit card, cashier's check, or cash in advance.

PRA Fee Schedule


Actual cost	Customized service charge (in addition to fees for copies - See copying fees below).
Copies:
15 cents/page	Photocopies, printed copies of electronic records when requested by the requestor, or for the use of agency equipment to make photocopies.
10 cents/page	Scanned records, or use of agency equipment for scanning.
5 cents/each 4 electronic files or attachment	Records uploaded to email, or cloud-based data storage service, or other means of electronic delivery.
10 cents/gigabyte	Records transmitted in electronic format or for use of agency equipment to send records electronically.
Actual cost	Digital storage media or devices.
Actual cost	Any container or envelope used to mail copies.
Actual cost	Postage or delivery charges.
Copy charges above may be combined to the extent more than one type of charge applies to copies responsive to a particular request.
Option for Copies:
Up to $2 flat fee	As an alternative to the copy charges above, an agency may charge a flat fee of up to $2 for any request when the agency reasonably estimates and documents that the costs are equal to or more than $2. If applied to the initial installment, additional flat fees shall not be charged for subsequent installments.