Md. Code Regs. 14.36.01.15

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

Section 14.36.01.15 - Fees

A. Except as provided in §§B and C of this regulation, the fee schedule for responding to requests of public records of the Center is as follows:

(1) For each copy made by a photocopying machine within the Center, 25 cents per page;

(2) For each copy made other than by a photocopying machine within the Center, the actual cost of reproduction;

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

(4) For electronic records provided in an electronic format, no fee.

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 Center 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 Center, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Center. 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. Before copying a public record of the Center, 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 the cost.

F. Except as provided in §G of this regulation the custodian may charge a reasonable fee for time that an official or employee of the Center spends to:

(1) Search for requested public records; or

(2) Prepare public records for inspection and copying.

G. The custodian may not charge a search or preparation fee for the first 2 hours that an official or employee of the Center spends to respond to a request for public records.

H. The Center may charge a reasonable hourly fee based upon the actual cost to the Center for staff services for additional time required to search for or prepare public records for inspection or copying.

I. 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 the waiver or reduction is in the public interest.

(2) In making a decision under this section, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.

J. 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 actual cost of postage or delivery, and the cost of any electronic media used to provide the copies.

Md. Code Regs. 14.36.01.15

Regulations .15 adopted effective 42:1 Md. R. 18, eff.1/19/2015; amended effective 51:20 Md. R. 899, eff. 10/14/2024.