Compilation of Rules and Regulations of the State of Georgia
Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION
Chapter 160-1
Subject 160-1-3 - RULES OF GENERAL APPLICABILITY
Rule 160-1-3-.05 - Assessment of Costs
Universal Citation: GA Rules and Regs r 160-1-3-.05
Current through Rules and Regulations filed through September 23, 2024
(1) DEFINITIONS.
(a)
Documents - anypapers,
letters, maps, books, tapes, photographs, computer based or generated
information, data, data fields, or similar material prepared and maintained or
received by the Georgia Department of Education or the State Board of
Education.
(2) REQUIREMENTS.
(a) A party requesting
that the Georgia Department of Education (GaDOE) transmit the records of an
administrative proceeding to a federal district court or state court shall be
charged a copying fee of $.25 per page and shall be charged for the actual
mailing costs to transmit the record to the appropriate court. The requesting
party shall remit the total fee to GaDOE within 30 days after receipt of an
invoice. The requesting party may be asked to provide the filing fee for the
appropriate court to be transmitted along with the record.
(b) A party requesting copies of documents
pursuant to the Open Records Act (O.C.G.A. §
50-18-70) shall be charged a
copying fee of $.10 per page for letter or legal size documents or, in the case
of non-letter or legal size documents, the actual cost of producing the copy.
In the case of electronic records, GaDOE may charge the actual cost of the
media on which the documents are produced. The party making the request shall
remit the total fee to GaDOE within 30 days after receipt of an
invoice.
(c) GaDOE may charge for
the search, retrieval, redaction, and production costs for the production of
documents pursuant to the Open Records Act. The charge for search, retrieval,
or redaction of records shall not exceed the prorated hourly salary of the
lowest paid full-time employee who, at the discretion of GaDOE, has the
necessary skill and training to perform the request.
(d) In any instance in which the estimated
costs for the production of documents exceeds $500.00, GaDOE shall insist on
prepayment of the costs prior to beginning the search, retrieval, review,
redaction, production, or copying of the documents.
(e) In lieu of providing separate printouts
or copies of records or data, GaDOE may provide access to documents through its
website. If a person or entity specifically requests data fields in the format
in which they are kept, GaDOE shall provide the data in the format requested
provided the person or entity agrees to be responsible for any administrative
costs associated with the request.
(f) Whenever any person or entity has
requested documents and does not pay the administrative cost lawfully estimated
and agreed upon, GaDOE shall be authorized to collect such charges in any
manner authorized by law. Further, whenever any person or entity has requested
to inspect or copy documents and has not paid the administrative cost lawfully
incurred, GaDOE shall require prepayment for compliance with all future
requests for documents until the costs for the prior production of documents
have been paid or the dispute regarding payment is resolved.
O.C.G.A. Secs. 20-2-240, 20-2-1160, 50-18-70.
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