A. The following schedule governs the fees for copying and certifying records. The Executive may amend these fees by regulations issued under method 3.
(1) Copies. The fee for each copy is $.15 per page (letter or legal size) if reproduction is made by as photocopying machine within the Department. Larger documents (up to computer printout dimensions) are $1.00 per page. Large size plans are $2.00 per page. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies must be based on the actual cost of reproduction.
(2) Certification of Copies. If a person requests that the custodian certify a copy of a record as a true copy, the custodian may charge an additional fee of $1.00 per page, or if appropriate, $1.00 per item.
(3) Minimum Fee Charged. The custodian must not charge a fee if the total amount of the fee would be $1.00 or less.
B. Notwithstanding subsection (A), 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 custodian must charge the prescribed fee.
C. If the custodian is unable to copy a record within the Department, the custodian must make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian either must collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.
D. Except as provided in subsection (E), the official custodian may charge reasonable fees for the time expended searching for requested records and preparing them for inspection and copying. This fee should be related to the custodian's actual cost (for example, the cost of any outside contractor employed, or the hourly rate of any employee assigned, to do the work) and may include the cost of any actions taken under Misc. 01.08.
E. The official custodian may not charge any search or preparation fee for the first two hours of time that is needed to respond to a request for information.
F. Before responding to a request, the custodian may estimate the search, preparation and reproduction costs and either obtain the written agreement of the applicant to pay the cost or demand prepayment of the estimated fee.
G. Upon written request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The official custodian must 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.
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