02.06.01.15

.15 Fees.

A. Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Office is as follows:

(1) For each copy made by a photocopying machine within the Office, 25 cents per page;

(2) For each copy made other than by a photocopying machine within the Office, the actual cost of reproduction; and

(3) For certification as a true copy of a copy of a public record, an additional fee of $1 per page, or if appropriate, per item.

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 Office 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 Office, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Office. 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 Office, 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 the cost.

F. Except as provided in §G of this regulation, the custodian may charge a reasonable fee for time that an official or employee of the Office spends to:

(1) Search for requested public records; or

(2) Prepare public records for inspection and copying.

G. The custodian may not charge a search or preparation fee for the first 2 hours that an official or employee of the Office spends to respond to a request for public records.

H. Waiver or Reduction of Fee.

(1) The custodian may waive or reduce any fee under this regulation if:

(a) The applicant requests a waiver; and

(b) The custodian determines that the waiver or reduction is in the public interest.

(2) In making a decision under this section, 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.