New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 616 - Access To Records
Public Access to Records
Section 616.9 - Fees
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 616.9
Current through Register Vol. 46, No. 12, March 20, 2024
(a) There shall be no fee charged for:
(1) inspection of
records.
(2) search for
records.
(3) any certification
pursuant to this Part.
(b) There shall be fees charged as follows:
(1) A fee of 25 cents per page for each copy
not exceeding 9 by 14 inches in size for reproductions made on copying
machines.
(2) A fee equal to the
actual cost of reproducing any other records.
(3) To determine the actual cost of
reproducing records, the department may include only:
(i) an amount equal to the hourly salary
attributed to the lowest paid agency employee who has the necessary skill
required to prepare a copy of the requested records;
(ii) the actual cost of the storage devices
or media provided to the person making the request in complying with such
request;
(iii) 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, if such service is used to prepare the copy;
and
(iv) preparing a copy shall not
include search time or administrative costs, and no fee shall be charged unless
at least two hours of agency employee time is needed to prepare a copy of the
record requested. A person requesting a record shall be informed 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 an outside professional service would
be retained to prepare a copy of the record.
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