Current through Register Vol. 51, No. 6, March 22, 2024
A. The fee schedule for copying and certifying copies of public records of the Department is as follows:
(1) Copies.
(a) The fee for each copy made by a standard printer or photocopying or scanning machine with the Department is 25 cents per page.
(b) The fee for each copy made otherwise shall be based on the actual cost of reproduction.
(2) Certification of Copies. If a person requests that a copy of a public record be certified as a true copy, an additional fee of $1 per page (or if appropriate, per item) shall be charged.
(3) Minimum Fee. No charge will be made if the total fee is $10 or less.
B. Notwithstanding §A of this regulation, if the fee for copies or certified copies of any public record of the Department is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee.
C. If the custodian cannot copy a public record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. 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.
D. Before copying a public record of the Department, the custodian shall estimate the cost of reproduction and either:
(1) Obtain the agreement of the applicant to pay the cost; or
(2) Require prepayment of all or a portion of the cost.
E. Search and Preparation Fee.
(1) Except as provided in §F of this regulation, the custodian may charge a reasonable fee for time that an official employee of the Department spends:
(a) To search for requested public records;
(b) Review requested public records for inspection and copying; and
(c) To prepare public records for inspection and copying.
(2) The custodian shall determine the fee under §E(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.
F. The custodian may not charge a fee under §E of this regulation for the first 2 hours spent searching for and preparing a public record for inspection.
G. 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 is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.
H. 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.
