Rule 11-1-2.8 - Document Reproduction, Certification and Other Costs The schedule of charges and/or fees will be posted in the File Review Room and with the FOI Officer.
A. MDEQ Staff and Contractor's Time. A requestor is responsible for paying the actual costs for the time staff and/or the time contractors allot to the requestor's public records request (this includes searching, reviewing and/ or duplicating the records). Costs will be calculated at the rate of the lowest level employee or contractor competent to respond to the request. This includes any costs associated with any public records request which involves a matter that MDEQ has contracted with outside attorneys on, which will require such attorneys' review prior to document production. MDEQ will collect these fees before providing the requested documents for review. B. Charges for searching, reviewing and redacting. The actual cost of searching for and reviewing and, if necessary, redacting exempt information from public records shall be based upon the hourly rate of compensation for the lowest paid agency employee qualified to perform the task, which shall be multiplied by the actual time to complete the task. This includes the actual costs required for searching, reviewing and redacting requested documents by contractors which have been contracted by MDEQ to work on the matters being requested. C. Copies. MDEQ allows individuals submitting a written request for records to copy documents that are not exempt from disclosure or to have the documents copied for them. In general, MDEQ is not staffed sufficiently to respond to requests for MDEQ personnel to copy documents for members of the public. Although MDEQ staff will attempt to facilitate document availability and review, MDEQ usually will (and reserves the right to) deny requests to assign MDEQ staff the task of copying records for members of the public. Copies can be made by the requestor or by an approved copier service. D. Costs for copies. Consistent with the copying fee schedule, MDEQ charges a specified amount for a standard black and white photocopy of a record, color copies and scanned copies selected by a requestor. A statement of the factors and the manner used to determine these charges are available from the FOI Officer. E. Costs for electronic records. There is generally no charge for e-mailing electronic records to a requestor or for supplying electronic copies via the requestor's storage device; however staff time and other actual costs may apply as fees or costs allowed under Miss. Code Ann. § 25-61-7(2)(Rev. 2010). Requestors may use their own new, in shrink wrap, storage device (clean and free of viruses or corruption) for electronic copies. Requestors must be aware that MDEQ is not responsible if the storage devices are lost, stolen, or damaged. Electronic media devices may be available to the requestor as agency supply permits; MDEQ is not required to supply requestors with electronic media devices. The cost of MDEQ providing an electronic media device will be the actual cost of the storage device. Any other type of electronic storage format charge, as technology advances permit, will be based on the actual cost of the storage device. F. Costs of mailing. MDEQ may also charge actual costs of mailing, including the cost of the shipping container. G. MDEQ shall require payment in advance for all costs before providing copies or access to records unless the requestor makes satisfactory prior billing arrangements for copying to ensure payment consistent with Rule 2.8.1. H. Certification of Hard-Copy and Electronic Documents. MDEQ public record files are working documents, and documents are added to the files regularly. No certification will be made that the records reviewed are the "complete" file, only that the document(s) reproduced are certified as a true copy of the records limited to the date the documents were produced. Certifications will be signed and dated either by the MDEQ Executive Director, his or her designee, or the FOI Officer or his or her supervisor. I. Payment and Copying Privileges. Payment may be made by check or money order to MDEQ. The costs of reproduction are payable by the requesting individual, firm, or their representative. In the event the individual, firm or representative making the copies has made prior arrangements for billing with MDEQ, MDEQ will mail a bill for payment for copies once the invoice is signed. Payment is due upon the receipt of the bill. Any individual, firm or their representative that has not made satisfactory arrangements to ensure payment through billing by invoice or purchase order must pay in advance or at the time of reproduction of the records. Failure to pay a bill will result in the individual, firm or their representative having to pay before the release of subsequent reproductions. Failure to timely pay for copies will result in the loss of future copying privileges until the outstanding bill is fully paid. Payment for the actual cost regarding MDEQ staff and/or contractor's time to search, redact (if applicable) and review the public records related to the request must be made to MDEQ prior to production of the requested documents. Miss. Code Ann. §§ 25-61-1, et seq., 21-61-5, 21-61-7.