N.Y. Comp. Codes R. & Regs. tit. 6 § 616.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 616.9 - Fees

(a) There shall be no fee charged for:

(1) inspection of records.

(2) search for records.

(3) any certification pursuant to this Part.

(b) There shall be fees charged as follows:

(1) A fee of 25 cents per page for each copy not exceeding 9 by 14 inches in size for reproductions made on copying machines.

(2) A fee equal to the actual cost of reproducing any other records.

(3) To determine the actual cost of reproducing records, the department may include only:

(i) an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare a copy of the requested records;

(ii) the actual cost of the storage devices or media provided to the person making the request in complying with such request;

(iii) the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency's information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy; and

(iv) preparing a copy shall not include search time or administrative costs, and no fee shall be charged unless at least two hours of agency employee time is needed to prepare a copy of the record requested. A person requesting a record shall be informed of the estimated cost of preparing a copy of the record if more than two hours of an agency employee's time is needed, or if an outside professional service would be retained to prepare a copy of the record.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 616.9