Md. Code Regs. 30.01.04.13

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

Section 30.01.04.13 - Fees

A. Fee Schedule.

(1) Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within MIEMSS. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies will be based on the actual cost of reproduction.

(2) Computer Output. If MIEMSS is required to provide computer output, including printed documents or discs, the charge for the computer output is determined on a case-by-case basis, taking into account computer and peripheral equipment usage, programming, and material costs.

(3) Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page or, if appropriate, per item shall be charged.

(4) Minimal Fee Charged. A charge will not be made if the total amount of the fee would be $1 or less.

B. Notwithstanding §A of this regulation, if the fees for copies, computer output, photographs, or certified copies of a record are specifically required by a law other than the Public Information Act or this regulation, the required fee shall be charged.

C. If the custodian is unable to copy a record within MIEMSS, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside MIEMSS. 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:

(1) Estimate the cost of reproduction; and

(2) Either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record.

E. Except as provided in §F of this regulation, the official custodian may charge reasonable fees for:

(1) An official's or an employee's time expended searching for requested records; or

(2) Any time expended preparing records for inspection and copying.

F. The official custodian may not charge a search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information.

G. Upon request, the official custodian may waive or reduce any fee charged under 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.

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.

Md. Code Regs. 30.01.04.13