WSR 17-22-106 PERMANENT RULES STUDENT ACHIEVEMENT COUNCIL [Filed October 31, 2017, 9:27 a.m., effective December 1, 2017] Effective Date of Rule: Thirty-one days after filing. Purpose: This rule is necessary to implement changes to the Public Records Act relating to charging fees for public records and contained in RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, which take [took] effect July 23, 2017. Without this change to its public records rules (chapter 250-82 WAC), the agency will be unable to charge requesters for the cost of producing requested public records. This rule is identical to and intended to make permanent an emergency rule filed July 24, 2017, WSR 17-16-046. Citation of Rules Affected by this Order: Amending chapter 250-82 WAC. Statutory Authority for Adoption: RCW 42.56.100. Adopted under notice filed as WSR 17-19-068 on September 15, 2017. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 1, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 31, 2017. Michael P. Meotti Executive Director
AMENDATORY SECTION (Amending WSR 07-12-026, filed 5/30/07, effective 6/30/07)
WAC 250-82-060 Costs of providing copies of public records.
(1) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain ((standard black and white photocopies for fifteen cents per page)) copies of public records according to the fees described in WAC 250-82-062.
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 Washington ((higher education coordinating board)) student achievement council will not charge sales tax when it makes copies of public records.
(2) Costs of mailing. The Washington ((higher education coordinating board)) student achievement council may also charge actual costs of mailing, including the cost of the shipping container.
(3) Payment. Payment may be made by cash, check, or money order to the Washington ((higher education coordinating board)) student achievement council.
NEW SECTION
WAC 250-82-062 Charges for public records.
Calculation of actual costs of producing copies of public records declared to be unduly burdensome - Adoption of statutory fee schedule.
(1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington student achievement council declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate such actual costs; it would consume scarce agency resources to conduct a study of actual costs; 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; agency resources are insufficient to perform a study and the accurate calculation of all costs as described in this subsection; and a study would interfere with and disrupt other essential agency functions.
(2) The Washington student achievement council may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.
(3) The agency 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.
(4) The agency may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.
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