Sec. 17.02.01.14. Fees

A. The fee schedule for copying and certifying copies of records is as follows:

(1) Copies. The fee for each copy is 15 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies will be based on the actual cost of material and reproduction.

(2) Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page or, if appropriate, per item shall be charged.

(3) Minimum Fee Charged. A charge may not be made if the total amount of the fee would be $1 or less.

B. Notwithstanding §A of this regulation, if the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged.

C. If the custodian is unable to copy a record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall collect from the applicant a fee to cover the actual cost of reproduction.

D. Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record.

E. Except as provided in §F of this regulation, the Secretary may charge reasonable fees for official's or employee's time expended searching for requested records or for any time expended preparing records for inspection and copying.

F. The Secretary may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information.

G. Upon request, the Secretary may waive or reduce any fee charged according to this regulation if the Secretary determines that the waiver or reduction is in the public interest. The Secretary shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.

H. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.