Md. Code Regs. 23.01.04.09

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

Section 23.01.04.09 - Fees

A. The fee for copying and certifying copies of records is as follows:

(1) Copies.

(a) If reproduction can be made by a photocopying machine within the offices of the Board, the charge for each copy is 43 cents per page. The per-page charge will increase as follows:

(i) 45 cents on July 1, 2006;

(ii) 48 cents on July 1, 2008; and

(iii) 51 cents on July 1, 2010.

(b) If a record cannot be photocopied in the offices of the Board (for example, punch cards, magnetic tapes, blue prints, and microfilm), the fee for copies will be the actual cost of reproduction.

(2) Minimum Fee Charged. A charge may not be made if the total amount of the fee is $5 or less.

B. If the fee for copies, printouts, photographs, or certified copies of any record is specifically prescribed by a law or regulation other than the Maryland Access to Public Records Act, that specific law or regulation shall control.

C. If the custodian is unable to copy a record within the offices of the Board, the custodian shall make arrangements for the prompt reproduction of the record at a public or private facility outside the Board's offices. The custodian shall either 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. Before copying a record, the custodian shall estimate the cost of reproduction and obtain either the agreement of the applicant to pay the cost or prepayment of any estimated fees.

E. The official custodian may charge a fee for employee search and preparation time in excess of 2 hours. The fee shall reflect the hourly wage, including fringe benefits, of the employee who performs the search and preparation.

F. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation, if the official 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.

G. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant cost of postage or delivery.

Md. Code Regs. 23.01.04.09

Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)