Wash. Admin. Code § 208-12-090 - Fees-Payments
(1) Copy fees and
payment procedures apply to requests to the department under chapter 42.56 RCW
received by the department on or after the effective date of these
rules.
(2) The department finds
that it would be unduly burdensome to calculate the actual costs of providing
public records to requestors for the following reasons:
(a) The scope of requests and staff time
required to provide records varies widely depending on numerous
factors;
(b) The department does
not have the resources to conduct a study to determine its actual copying
costs;
(c) To conduct such a study
would interfere with other essential agency functions; and
(d) Through the 2017 legislative process, the
public and requestors have commented on, and been informed of, authorized fees
and costs, including for electronic records, provided in
RCW 42.56.120(2)(b)
and (c), (3), and (4).
(3) In order to timely implement a fee
schedule consistent with the Public Records Act, it is more cost efficient,
expeditious, and in the public interest for the department to adopt the state
legislature's approved fees and costs for the department's records, as
authorized in
RCW
42.56.120 and as published in the agency's
fee schedule.
(4) The department
will charge for copies of records pursuant to the default fees in
RCW 42.56.120(2)(b)
and (c). The department will charge for
customized services pursuant to
RCW
42.56.120(3). Under
RCW
42.56.130, the department may charge other
copy fees authorized by statutes outside of chapter 42.56 RCW. The department
may enter into an alternative fee agreement with a requestor under
RCW
42.56.120(4). The charges
for copying methods used by the department are summarized in the following fee
schedule. Charges may be combined to the extent that more than one type of
charge applies to copies produced in response to a particular request.
Public Records Fee Schedule | |
Charge: | Record Type: |
15 cents/page | Photocopies, printed copies of electronic records when requested by the requestor, or for the use of agency equipment to photocopy public records. |
10 cents/page | Records scanned into an electronic format or for the use of agency equipment to scan the records. |
5 cents for each 4 electronic files or attachments | Records uploaded to email, cloud-based data storage service, or other means of electronic delivery. |
10 cents/gigabyte | Records transmitted in an electronic format or for the use of agency equipment to send the records electronically. |
Actual cost | Digital storage media or device; any container or envelope used to mail copies; and postage or delivery charges. |
Actual cost | A customized service charge, in addition to the charges set forth above, if the department estimates that the request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by the agency for other agency purposes. |
Alternative Fee | |
Up to $2 flat fee | As an alternative to the charges set forth above, the department may charge a flat fee of up to $2 when the department estimates that the costs are clearly equal to more than $2. |
(5)
Fee waivers are an exception and are available for some small requests under
the following conditions:
(a) It is within the
discretion of the public records officer to waive copying fees when:
(i) All of the records responsive to an
entire request are paper copies only and are twenty-five or fewer pages;
or
(ii) All of the records
responsive to an entire request are electronic and can be provided in a single
email with attachments of a size totaling no more than the equivalent of one
hundred printed pages. If that email for any reason is not deliverable, records
will be provided through another means of delivery, and the requestor will be
charged in accordance with this rule.
(b) Fee waivers are not applicable to records
provided in installments unless approved by the director.
(6) The department may require an advance
deposit of ten percent of the estimated fees when the copying fees for an
installment or an entire request, or customized service charge, exceeds
twenty-five dollars.
(7) All
required fees and deposits must be paid in advance of release of copies or an
installment of copies. Payment will be due within thirty days of notice of the
amount due. The department will notify the requestor of when payment is
due.
(8) Payment should be
delivered to the department by check or money order payable to the Washington
state treasurer. The department prefers not to receive cash. For cash payments,
it is within the public records officer's discretion to determine the
denomination of bills and coins that will be accepted. The department may
provide a system that accepts certain forms of electronic payment.
(9) The department will close a request when
a requestor fails by the payment date to pay in the manner prescribed by this
section.
(10) Upon request, the
department will provide a summary of applicable charges before any copies are
made. The requestor may revise the request to reduce the number of copies to be
made to reduce the charges.
Notes
Statutory Authority: RCW 43.320.040 and 42.17.250. 96-14-082, § 208-12-090, filed 7/1/96, effective 8/1/96.
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