Current through Register Vol. 24-06, March 15, 2024
(1) The following copy fees and payment
procedures apply to requests to the agency under chapter 42.56 RCW.
(2)
Actual costs. Pursuant to
RCW
42.56.120(2)(b), the agency
is not calculating all actual costs for copying records because to do so would
be unduly burdensome for the following reasons:
(a) The agency does not have the resources to
conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere
with other essential agency functions; and
(c) 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) There is no fee charged for inspecting
public records.
(4)
Costs for
paper copies. The agency will charge for copies of paper records
pursuant to the fees in
RCW 42.56.120(2)(b)
and (c).
(a) Before beginning to make copies, the
public records officer or designee may estimate costs of copying the records
and may require a deposit of up to 10 percent of all the records selected by
the requestor.
(b) The public
records officer or designee may 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.
(c) The commission shall not charge sales tax
when it makes copies of public records.
(5)
Costs for electronic
records. Electronic copies of records shall be charged as follows
pursuant to the fees in
RCW 42.56.120(2)(b)
and (c), which includes:
(a) Charge for scanned records or for use of
agency equipment for scanning.
(b)
Charge for each four electronic files or attachments uploaded to email, or
cloud-based data storage service, or other means of electronic
delivery.
(c) Charge per gigabyte
for records transmitted in an electronic format or for use of agency equipment
to send records electronically.
(d)
Actual costs of any digital storage media or devices provided by the
agency.
(e) Actual costs of a
"customized service charge" when the request would require the use of
information technology expertise to prepare data compilations or when such
customized access services are not used by the agency for other business
purposes.
(i) The agency will notify the
requestor and take other steps if it will be doing a customized service
charge.
(ii) The public records
officer or designee may require a deposit of up to 10 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.
(iii) Copy charges may be combined to the
extent more than one type of charge applies to copies responsive to a
particular request.
(iv) Public
records request fees do not supersede other statutory provisions for copying
fees.
(6)
Costs of mailing. The commission may also charge actual costs of
mailing, including the cost of the shipping container.
(7)
Payment. Payment shall be
made payable to the Washington state criminal justice training commission by
check or money order only.
(8)
Payment date. The payment date for fees, deposits, or other costs
will be scheduled at a minimum of 30 days, but no more than 45 days, after the
required payment is communicated with the requestor. If a requestor fails to
pay by the payment date, the request will be closed per WAC
139-02-090(8).
(9)
Summary of charges. Upon
request the commission will provide a summary of the applicable charges before
copies are made and the requestor may revise the request to reduce the number
of copies, thereby reducing the applicable charges.
(10)
Waiver of charges. The
public records officer or designee will not charge copying fees when:
(a) All of the records responsive to an
entire request are paper copies only and are 100 or fewer pages; or
(b) All of the records responsive to an
entire request are electronic and no more than the equivalent of 250 printed
pages.
Statutory Authority:
RCW
43.56.040 and
43.101.080. 09-13-066, §
139-02-070, filed 6/16/09,
effective 7/17/09. Statutory Authority:
RCW
43.101.080. 00-17-017, §
139-02-070, filed 8/4/00,
effective 9/4/00.