13B.04.03.15

.15 Fees.

A. Fee Schedule.

(1) The Commission may charge reasonable fees in accordance with the fee schedule in §A(2)—(4) of this regulation.

(2) Copies. The fee for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Commission. When records are not reasonably amenable to photocopying within the Commission, the fee for reproducing the record is based on the actual cost of reproduction.

(3) Certification of Copies. When a person requests that a copy of a record be certified as a true copy of the original public record, the Commission shall charge an additional cost of $1 per page.

(4) Searching or Record Preparation. There is no charge for the first 2 hours needed to search for a public record and prepare it for inspection. The Commission may charge $20 per hour for additional time required to search for or prepare public records for inspection or copying.

B. Notwithstanding § A of this regulation, if the fees for copies, printouts, photographs, or certified copies of a record are specifically required by a law other than the Act or this regulation, the specific fee contained in that law determines the amount charged for that record.

C. If the custodian is unable to copy a record within the Commission, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Commission. The custodian shall either:

(1) Collect from the requester a fee that is sufficient to pay the actual cost of reproduction; or

(2) Direct the requester to pay the cost of reproduction directly to the facility making the copy.

D. Before copying a record, the custodian shall estimate the cost of copying and obtain the agreement of the requester that the cost shall be paid. The custodian may demand prepayment of any estimated fee before copying the record. If prepayment is required, the time limitations contained elsewhere in these regulations do not begin until the payment is made.

E. Upon written request, the official custodian may waive or reduce a fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the requester to pay the cost or fee.

F. If a requester requests that copies be mailed or delivered, the custodian may charge the requester for the cost of postage or delivery.