Md. Code Regs. 05.01.02.14

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.01.02.14 - Fees

A. The Department may charge reasonable fees in accordance with the following fee schedule:

(1) Copies. The fee for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Department. When records are not amenable to photocopying (for example, punch cards, magnetic tapes, blueprints and microfilm), the fee for reproducing the record will be based on the actual cost of reproduction.

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

(3) Searching or Record Preparation. There is no charge for the first 2 hours that are needed to search for a public record and prepare it for inspection. The custodian may charge a reasonable fee for time that an official or employee of the Department spends to search for records, or prepare records for inspection and copying.

(4) A charge may not be made when the amount of the fee is $1 or less.

B. Notwithstanding §A above, 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 specific fee contained in that law shall determine the amount charged for that record.

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 either collect from the applicant a fee which is sufficient to pay the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.

D. Before searching for, preparing, or copying a record, the custodian shall estimate the cost of searching for, preparing and copying the record and obtain the agreement of the applicant that the cost shall be paid. The custodian may demand pre-payment of any estimated fee before searching for, preparing and copying the record. If such a payment is required, the time limitations contained elsewhere in these regulations may not commence until the payment is made.

E. Upon 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 shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.

F. 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.

Md. Code Regs. 05.01.02.14

Regulation .14A amended effective November 14, 1988 (15:23 Md. R. 2656)
Regulations .14, amended and .09 repealed effective June 18, 1984 (11:12 Md. R. 1062)
Regulation .14A, D amended effective December 24, 2012 (39:25 Md. R. 1610)