New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXV - Committee On Open Government
Part 1401 - Public Access To Records Of State And Local Agencies, Including Counties, Cities, Towns, Villages, School Districts And Fire Districts
Section 1401.8 - Fees

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1401.8

Current through Register Vol. 46, No. 39, September 25, 2024

Except when a different fee is otherwise prescribed by statute:

(a) An agency shall not charge a fee for the following:

(1) inspection of records for which no redaction is permitted;

(2) search for, administrative costs of, or employee time to prepare photocopies of records;

(3) review of the content of requested records to determine the extent to which records must be disclosed or may be withheld; or

(4) any certification required pursuant to this Part.

(b) An agency may charge a fee for photocopies of records, provided that:

(1) the fee shall not exceed 25 cents per page for photocopies not exceeding 9 by 14 inches. This section shall not be construed to mandate the raising of fees when an agency in the past has charged less than 25 cents for such copies;

(2) the fee for photocopies of records in excess of 9 x 14 inches shall not exceed the actual cost of reproduction; or

(3) an agency has the authority to redact portions of a paper record and does so prior to disclosure of the record by making a photocopy from which the proper redactions are made.

(c) The fee an agency may charge for a copy of any other record is based on the actual cost of reproduction and may include only the following:

(1) an amount equal to the hourly salary attributed to the lowest paid employee who has the necessary skill required to prepare a copy of the requested record, but only when more than two hours of the employee's time is necessary to do so; and

(2) the actual cost of the storage devices or media provided to the person making the request in complying with such request; or

(3) the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency's information technology equipment is inadequate to prepare a copy, and if such service is used to prepare the copy.

(d) When an agency has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from non-electronic records, the agency shall be required to retrieve or extract such record or data electronically. In such case, the agency may charge a fee in accordance with paragraphs (c)(1) and (2) of this section.

(e) An agency shall inform a person requesting a record of the estimated cost of preparing a copy of the record if more than two hours of an agency employee's time is needed, or if it is necessary to retain an outside professional service to prepare a copy of the record.

(f) An agency may require that the fee for copying or reproducing a record be paid in advance of the preparation of such copy.

(g) An agency may waive a fee in whole or in part when making copies of records available.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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