Sec. 14.09.16.15. Fees

A. The fee schedule for copying and certifying copies of public records of the Commission is provided in §§B and C of this regulation.

B. Copies.

(1) The fee for each copy made by a photocopying machine within the Commission is 50 cents per page.

(2) The fee for each copy made otherwise shall be based on the actual cost of reproduction.

C. 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.

D. Notwithstanding §§A-C of this regulation, if the fee for copies or certified copies of any public record of the Commission is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee.

E. If the custodian cannot copy a public 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:

(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.

F. Before copying a public record of the Commission, the custodian shall estimate the cost of reproduction and either:

(1) Obtain the agreement of the applicant to pay the cost; or

(2) Demand prepayment of the cost.

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

(1) To search for requested public records; or

(2) To prepare public records for inspection and copying.

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

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

(2) The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.

J. 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.