Current through Register Vol. 51, No. 19, September 20, 2024
A. Except as
provided in §§B and C of this regulation, the fee schedule for
copying and certifying copies of public records of the Board is as follows:
(1) For each copy made by a standard printer
or a photocopying machine within the Board, the fee is 25 cents per
page;
(2) For each copy made other
than by a standard printer or a photocopying machine within the Board, the fee
shall be based on the actual cost of reproduction; and
(3) For a public record certified as a true
copy, an additional fee of $1 per page (or, if appropriate, per item) shall be
charged.
B. Minimum Fee.
A charge may not be made if the total fee is $1 or less.
C. If the fee for copies or certified copies
of any public record of the Board is specifically set by a law other than the
Act or this regulation, the custodian shall charge the prescribed
fee.
D. If the custodian cannot
copy a public record within the Board, the custodian shall make arrangements
for the prompt reproduction of the record at public or private facilities
outside the Board. The custodian shall:
(1)
Collect from the applicant a fee to cover the actual cost of reproduction;
or
(2) Direct the applicant to pay
the cost of reproduction directly to the facility making the copy.
E. Before copying a public record
of the Board, the custodian shall estimate both the cost of reproduction and
the search and preparation fee under §F of this regulation and either:
(1) Obtain the agreement of the applicant to
pay the cost; or
(2) Demand
prepayment of all or a portion of the cost.
F. Search and Preparation Fee.
(1) Except as provided in §G of this
regulation, the custodian may charge a reasonable fee for time that an official
or employee of the Board spends to:
(a) Search
for requested public records;
(b)
Review requested public records for potential disclosure; and
(c) Prepare public records for inspection and
copying.
(2) The
custodian shall determine the fee under §F(1) of this regulation by
multiplying the employee's salary, prorated to an hourly basis, by the actual
time attributable to the search for, review of, and preparation of public
records for inspection and copying.
G. The custodian may not charge a search or
preparation fee under §F of this regulation for the first 2 hours needed
to search for and prepare a public record for inspection.
H. Waiver or Reduction of Fee.
(1) The official custodian may waive or
reduce any fee set under this regulation if:
(a) The applicant requests a waiver;
and
(b) Either:
(i) The custodian determines that the waiver
or reduction is in the public interest; or
(ii) The applicant is indigent and files an
affidavit verifying the facts that support a claim of indigency.
(2) In determining
whether a fee waiver is in the public interest, the custodian shall consider,
among other relevant factors, the ability of the applicant to pay the
fee.
I. If the applicant
requests that copies of a public record be mailed or delivered to the applicant
or to a third party, the custodian may charge the applicant for the cost of
postage or delivery.
