WSR 17-23-194 EMERGENCY RULES COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS [Filed November 22, 2017, 10:45 a.m., effective November 22, 2017, 10:45 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: RCW 42.56.120 as amended effective July 23, 2017 (section 3, chapter 304, Laws of 2107 [2017]), requires that before an agency uses the amended statutory default copy fee schedule in the new law (rather than determining actual cost 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. The emergency WAC 34-04-080 makes those findings. Purpose: The purpose of the emergency rule is to implement the state legislature's new Public Records Act (PRA) requirement and provide the necessary findings so that the commission on Asian Pacific American affairs (CAPAA) may use the amended statutory default fee schedule in SHB [EHB] 1595 while CAPAA is in the process of adopting a permanent rule. Citation of Rules Affected by this Order: Amending WAC 34-04-080. Statutory Authority for Adoption: [RCW 43.117.050]. 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: CAPAA finds good cause to adopt an emergency WAC 34-04-080 regarding PRA fees until permanent rules can be made. There was insufficient time under permanent rule-making procedures for CAPAA to bring its copy fees into statutory compliance by July 23, 2017, as directed by the legislature. Without an emergency rule in place, PRA requests would be unduly burdensome for the agency without the ability to reimburse the agency for costs associated with fulfilling PRA requests. Furthermore, it would be unduly burdensome for CAPAA to calculate the actual costs it charges for providing copies of public records because funds were not allocated for performing a study and staff resources are insufficient to perform a study to calculate such actual costs. 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: November 22, 2017. Michael Itti Executive Director
AMENDATORY SECTION (Amending WSR 82-20-015, filed 9/28/82)
WAC 34-04-080 ((Copying.)) Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule.
((No fee shall be charged for the inspection of public records. The commission shall charge a fee of $.25 per page for providing copies of public records and for use of the commission's copy equipment. This charge is the amount necessary to reimburse the commission for its actual costs incident to such copying.)) (1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington state commission on Asian Pacific American affairs 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 and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.
(2) The Washington state commission on Asian Pacific American affairs 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.
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