Compilation of Rules and Regulations of the State of Georgia
Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE
Chapter 80-10 - RECORDS RETENTION
Subject 80-10-1 - RECORDS RETENTION
Rule 80-10-1-.04 - Reimbursement for Cost of Production of Records

Universal Citation: GA Rules and Regs r 80-10-1-.04

Current through Rules and Regulations filed through September 23, 2024

(1) A financial institution shall be reimbursed for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing or transporting books, papers, records or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant or court order where the financial institution is not a party to the action or in cases of garnishment or attachment of funds held by the financial institution. Such costs shall be reasonably determined according to time spent, materials provided, and personnel level required, and any pertinent state law.

(2) Allowable reimbursements for costs incurred on the request of a state government or state law enforcement agency, other than the Department of Banking and Finance, are as follows:

(a) Search and processing costs for time spent in locating, retrieving, reproducing and preparing records shall be reimbursed at actual cost but in no event in excess of $15 per hour per person.

(b) Reproduction costs incurred in making copies of documents shall be reimbursed at 25 cents per page. Photographs, films and other material shall be reimbursed at actual costs.

(c) Transportation costs which are necessary to transport personnel to locate and retrieve material, or transportation costs necessary to convey the material to the place of examination shall be reimbursed at actual cost.

(3) Conditions for Payment:

(a) Actual, reasonable cost shall be reimbursed.

(b) Costs are reimbursable only if they are directly incurred as a consequence of searching for, reproducing or transporting customer's financial records.

(4) Documentation---The financial institution shall provide to the person requesting such records an itemized invoice indicating in specific detail the searching and processing, reproduction, and transportation costs.

(5) Advances and Payment of Costs:

(a) Within five business days of service, the financial institution may mail or deliver to the party for whom the documents are to be produced a reasonable written estimate of the costs that will be incurred in making the production; and, after so giving such an estimate, the amount of such estimate shall be paid as an advance to the financial institution before it begins the production.

(b) Upon making the production or upon being released from the obligation to do so, the financial institution will submit the invoice required by (4) above and refund any excess received as an advance. The party for whom the documents are to be produced shall, upon the submission of the invoice, pay to the financial institution any amount not covered by an advance.

(c) The amount of any advance and the amount invoiced shall be subject to review by a court of competent jurisdiction after giving due notice and hearing to the financial institution.

(6) The Department of Banking and Finance may waive or modify the provisions of this Regulation 80-10-1-.04 whenever in its opinion the financial burden on any public agency or official prohibits proper access to records necessary to any criminal investigation or prosecution in this State.

(7) Certain federal laws and regulations may apply to production of documents to a federal government agency.

Ga. L. 1974, p. 73.

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