Sec. 28.01.04.15. Fees

A. Copies. Except as provided in §§B and C of this regulation, the fees for reproducing public records of the Office in the form of copies, printouts, or photographs, and for certifying the reproductions, are as follows:

(1) Reproduction.

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

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

(2) Certification. If a person requests that a reproduction 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.

(3) Minimum Fee. No charge will be made if the total fee is $10 or less.

B. Notwithstanding §A of this regulation, if the fee for reproduction or certification of a 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.

C. If the custodian cannot reproduce a public record within the Office, the custodian shall arrange for the prompt reproduction of the public record and either:

(1) Collect from the applicant a fee equal to the actual cost of reproduction; or

(2) Direct the applicant to pay the cost of reproduction directly to the reproduction facility.

D. Before reproducing 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 all or a portion of the cost.

E. Search and Preparation Fee.

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

(a) Search for requested public records;

(b) Review requested public records for potential disclosure; and

(c) Prepare public records for inspection and reproduction.

(2) The custodian shall determine the fee under §E(1) of this regulation by multiplying the employee’s salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and reproduction.

F. The custodian may not charge a fee under §E of this regulation for the first 2 hours spent searching for and preparing public records for inspection.

G. Waiver or Reduction of Fees.

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

(a) The applicant requests a waiver; and

(b) Either:

(i) The custodian determines that the waiver or reduction is in the public interest; or

(ii) The applicant is indigent and files an Affidavit of Indigence or other affidavit sufficient to support a claim of indigence pursuant to COMAR 28.03.01.06B.

(2) In determining whether a fee is in the public interest, the custodian shall consider relevant factors, including the ability of the applicant to pay the fee.

H. If the applicant requests that a reproduction 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.