TITLE 1. ADMINISTRATION

PART 7. STATE OFFICE OF ADMINISTRATIVE HEARINGS

CHAPTER 161. REQUESTS FOR RECORDS

1 TAC §161.1

The State Office of Administrative Hearings proposes amendments to §161.1 concerning charges for copies of public information. The proposed amendments change the current language of the section to be in conformity with the Public Information Act, Texas Government Code Chapter 552, and the applicable rules promulgated by the Office of the Attorney General, the state agency that guides the established charges applicable to requests for public information. The proposed amendment also corrects the citation reference to the Office of the Attorney General's rules concerning charges for public information.

Cathleen Parsley, General Counsel, has determined that for the first five-year period the amended rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering it.

Cathleen Parsley, General Counsel, also has determined that for the first five-year period the amended rule is in effect the public benefit anticipated as a result of the rule will be to ensure that the public has correct and updated information about charges for copies of public information. There will be no additional effect on small businesses or individuals as a result of enforcing the rule because the amendments do not impose any charges or costs in addition to those that have long been in place for copies of public information.

Cathleen Parsley has further determined that the proposed amendment is a revision of an existing rule and does not impose new or additional requirements on small businesses in Texas. There is no new economic impact on small businesses in Texas.

Written comments must be submitted within 30 days after publication of the proposed amendment in the Texas Register to Debra A. Anderson, Paralegal, State Office of Administrative Hearings, P.O. Box 13025, Austin, Texas 78711-3025, or by email at debra.anderson@soah.state.tx.us, or by facsimile to (512) 463-1576.

The proposed amendments are proposed under Government Code, Chapter 2001, §2001.004, which requires agencies to adopt rules of practice setting forth the nature and requirements of formal and informal procedures.

The provisions to which the proposed amendments relate affect Government Code, Chapter 2001.

§161.1.Charges for Copies of Public Information [ Records ].

(a) The charge to any person requesting copies [photocopied reproductions] of any public information held by [ readily available record of] the State Office of Administrative Hearings will be the charges established by the Office of the Attorney General, [ Texas Building and Procurement Commission which are ] codified at 1 TAC §§70.1 - 70.12 [ 1 TAC §§111.61-111.71,] of this title (relating to Cost of Copies of Public Information).

(b) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 13, 2008.

TRD-200803059

Cathleen Parsley

General Counsel

State Office of Administrative Hearings

Earliest possible date of adoption: July 27, 2008

For further information, please call: (512) 475-4931