Certification Page Regular and Emergency Rules Revised July 2016 El Emergency Rules (Alter completing at! of Sections 1 and 2, proceed to Section 5 below) Regular Rules 1. General information a. AgencyIBoard Name Department of Administration and Information in. Agency/Board Address c. City d. Zip Code 2001 Capitol Avenue Cheyenne 82002 e. Name of Contact Person Shelley Berry-Parker f. Contact Telephone Number 307-777-7201 9. Contact Email Address shelley.berry@wyo.gov h. Adoption Date July 15. 2016 i. Program Directors Of?ce 2. Rule Type and information: For each chapter Ested. inc?cate if the mle is New. Amended. or Repeated. It 'New.? provide the Enrolled Act numbers and years enacted: Senate En r0 ed A01: 47 0. Provide the Chapter Number. Short Title. and Rule Type of Each Chapter being CreatediAmendeleepealed (Please use the Additional Rule lnfonnation form formore than 10 chapters, and attach it to this certification) Chapter Numben Chapter Name: New Amended Repealed Chapter 2 warm Prune-1m Fm. Oasis. and amount inspection. Comm. and Producing Pubic?eeords Chapter Numben Chapter Name: New Amended Repealed Chapter Number. Chapter Name: El New Amended Repealed Chapter Numben Chapter Name: New Amended Repealed Chapter Number. Chapter Name: New Amended El Repealed Chapter Number. Chapter Name: New Amended Repeated Chapter Number. Chapter Name: New Amended Repealed Chapter Number. Chapter Name: New Amended Repealed Chapter Number. Chapter Name: New Amended El Repealed Chapter Number. Chapter Name: New [1 Amended Repealed d. EThe Statement of Reasons is attached to this certi?cation. e. If applicable. describe the emergency which requires promulgation of these rules without providing notice or an opportunity for a public hearing: 3. State Government Notice of intended Rulemaking a. Date on which the Notice of Intent containing all of the information required by we. 16-3-103(a) was ?led with the Secretary of State: February 1 1 201 5 b. Date on which the Notice of Intent and proposed rules in strike and underscore format and a clean copy were provided to the Legislative Service Of?ceDate on which the Notice of Intent and proposed rules in strike and underscore format and a clean copy were provided to the Attorney General: February 1 1 I 201 6 4. Public Notice of Intended Rulemaking a. Notice was mailed 45 days in advance to all persons who made a timely request for advance noticepublic hearing was held on the proposed rules. IQ Yes El No if 'Yesf' Date: Time: Ci Location: May 12, 2016 3:00 pm. ty' Cheyenne Building, 122 W. 25th Street, Cheyenne, WY 82002 5. Final Filing of Rules a. Date on which the Certi?cation Page with original signatures and ?nal rules were sent to the 516/ Attorney General?s Office for the Govemor?s signature: IV 2016 b. Date on which ?nal rules were sent to the Legislative Service Of?ce: 2.. July 2,9: 2016 c. Date on which a PDF of the ?nal rules was electronically sent to the Secretary of State: July 267? 2016 6. Certification The undersigned certi?es that the foregoing informgg'on ls correct. Signature of Authorized Individual 2? {Blue ink as per Rules on Rates. Section 7} [1 EM Printed Name of Signatory Dean Fausset Signatory We Director, Department of Administration and Information Date oiSignature July 15. 2016 7. Governor?s Certification have reviewed these niles and determined that they. 1. Are within the scope of the statutory authority delegated to the adopting agency; 2. Appear to be within the scope of the legislative purpose of the statutory authority; and. if emergency rules. 3. Are necessary and that concur in the ?nding that they are an emergency. Therefore. I approve the same. Govemor?s Signature Date of Signature Attorney General: 1. Statement of Reasons; 2. Original Certi?cation Page; 3. Summary of Comments (regular rules); 4. Hard copy of rules: ctean and strike/underscore; and 5. Memo to Governor documenting emergency (for emergency rules only). L50: 1. Statement of Reasons; 2. Copy of Certi?cation Page; 3. Summary of Comments (regular rules}; 4. Hard copy of rules: clean and strike/underscore; 5. Electronic copy of rules emailed to LSO-Rutestoleggov: clean and strike/underscore: and 6. Memo to Governor documenting emergency (for emergency rules only). SOS: 1. PDF of clean copy of rules; and 2. Hard copy of Certi?cation Page as delivered by the AG. Chapter 2 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records Section 1. Authority. These rules are promulgated under the Department of Administration and Information?s rule-making authority established by W.S. Section 2. Purpose. The Department of Administration and Information hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records. Section 3. Definitions. ?Applicant? is the person that is making the public records request. ?Clerical/support staff? are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants. ?Electronic public record? is a public record that is primarily or solely stored in an electronic format. Typically, the custodian will only be able to produce a copy of the original electronic public record due to the native format, security, and integrity of the original data or electronic record. ?Information technology staff? are employees who perform duties relating to retrieving, compiling, constructing, formatting, or extracting electronic public records located on computer systems, software, servers, or networks. Information technology staff employees may also perform computer programming or other computer services relating to electronic public records. ?Professional staff? are employees who are not clerical/support or information technology staff as defined herein. Professional staff employees perform administrative, managerial, or professional duties. ?Supervise copying? as stated in section occurs if someone other than the custodian is allowed under W.S. to make copies, printouts, or photographs. Under W.S. the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts or 2?1 photographs. The supervision fee shall be the hourly rates stated in section through For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50. Section 4. Electronic Public Records. Production and Construction Costs. Under W.S. a custodian shall charge an applicant the reasonable costs of producing and constructing a copy of an electronic public record for inspection and copying. This cost may include, but is not limited to, the time spent retrieving, compiling, sorting, reviewing, redacting, formatting, converting, or copying the electronic public record, as well as activities required to create or construct a new electronic public record from existing data sources and all associated programming and computer services. Minimum Requirement to Charge Costs. Production and construction costs will be charged only if they exceed $180.00. If the costs exceed $180.00, the initial $180.00 will be a credit and not charged to the applicant. If electronic production and/or construction costs for a request total $180.00, the applicant will not be charged any costs for production and/or construction of said electronic records. If, for example, the production and/or construction costs for a request total $200.00, the applicant will be charged $20.00. The initial $180.00 is a credit upon the total amount charged for the production and/or construction of electronic records. Applicants may not use multiple record requests to evade this $180.00 threshold. The custodian has discretion to consolidate public records requests that he or she reasonably believes have been drafted and submitted to evade this $180.00 threshold. (0) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows: $15.50/hour for clerical stafftime. (ii) $30.00/hour for information technology staff time. $40.00/hour for professional staff time. (iv) Actual cost of programming and computer services. Payment. The custodian must provide the applicant with an estimate of the reasonable costs of production and construction of the electronic public records. The applicant must pre?pay the estimated costs before the custodian produces or constructs the electronic public records or provides any copies for inspection. Payment shall be made to the custodian. If the custodian reaches the limit of the payment by the applicant, the custodian will produce the records that are ready and available at that point and will provide an additional estimate pursuant to this subsection prior to continuing with the request. 2-2 Refund. If a custodian estimates and receives costs exceeding the actual time required to produce and construct the electronic public records, the custodian shall refund the excess charge received at the same time that he allows the applicant to inspect the electronic public records. Inspection. The custodian shall notify the applicant in writing when copies of the electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides noti?cation to come to the custodian?s designated location to inspect the records. After the one month time period, the request shall be of?cially closed. Reguest Priority. Requests that are at or below the $180.00 threshold will be handled expeditiously by the custodian and will take priority over other public record requests that are above the threshold. Costs for Producinggopies. The fee schedules described in Section and (6) apply to electronic public records. Section 5. Non-Electronic Public Records. Inspection. The custodian shall notify the applicant in writing when copies of the non-electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides noti?cation to come to the custodian?s designated location to inspect the records. After the one month time period, the request shall be of?cially closed. Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non?electronic public record upon payment as follows: Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page (ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page Legal (8.5 by 14 inch) Black and White Copy. $0.25/page (iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page Other sheet size. Actual Cost (vi) Photograph. Actual Cost (vii) Utilization of an outside vendor for copying. Actual Cost Custodian?s fee to supervise copying. See section through (ix) Special instances, i.e. ?lm. Actual Cost Payment. The applicant shall pre~pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian. Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows: Scanning non-electronic public records. $0.10/page (ii) Electronic Media (disk, thumb drive, etc.). Actual Cost Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records: Mailing, including cost of the shipping container. Actual Cost (ii) Facsimile. Actual Cost 24