Md. Code Regs. 13A.01.08.15

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.01.08.15 - Fees

A. Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Department is as follows:

(1) For each copy made by a standard printer or photocopying machine within the Department, 25 cents per page;

(2) For each copy made other than by a standard printer or photocopying machine within the Department, the actual cost of reproduction; and

(3) For certification as a true copy of a copy of a public record, an additional fee of $1 per page, or if appropriate, per item.

B. Minimum Fee. A charge may not be made if the total fee is $1 or less.

C. If the fee for copies or certified copies of any public record of the Department is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee.

D. If the custodian cannot copy a public 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:

(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.

E. If the custodian intends to charge a fee, before copying a public record of the Department or otherwise disclosing public records to the applicant, the custodian shall estimate both the cost of reproduction and the search and preparation fee under §F of this regulation and may either:

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

(2) Require prepayment of all or a portion of the cost.

F. Search and Preparation Fee.

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

(a) Search for requested public records;

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

(c) Prepare public records for inspection and copying.

(2) The custodian shall determine the fee under §F(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 copying.

G. The custodian may not charge a fee under §F of this regulation for the first 2 hours needed to search for and prepare a public record for inspection.

H. Waiver or Reduction of Fee.

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

(a) The applicant requests a waiver; and

(b) The custodian determines that:

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

(ii) The applicant is indigent and files an affidavit verifying the facts that support a claim of indigency.

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

I. 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.

Md. Code Regs. 13A.01.08.15

Regulation .15 adopted effective 50:14 Md. R. 594, eff. 7/24/2023