N.Y. Comp. Codes R. & Regs. tit. 8 § 311.8

Current through Register Vol. 46, No. 53, December 31, 2024

Section 311.8 - Fees

(a) There shall be no fee charged for:

(1) inspection of records for which no redaction is permitted;

(2) search for, the administrative costs of, or employee time to prepare photocopies of records; or

(3) review of the content of requested records to determine the extent to which records must be disclosed or may be withheld; or

(4) any certification pursuant to this Part.

(b) Fees for photocopies of records may be charged, provided that:

(1) the fee shall not exceed 25 cents per page for photocopies not larger than 9 by 14 inches; and

(2) the fee for photocopies of records in excess of 9 by 14 inches shall not exceed the actual cost of reproduction.

(c) Fees for other records may be charged based on the actual cost of reproduction of a record, which may include only the following:

(1) an amount equal to the hourly salary attributed to the lowest paid employee who has the requisite skill to prepare a copy of the requested record, but only when more than two hours of the employee's time is necessary to do so; and

(2) the actual cost of the storage devices or media provided to the requester in complying with the request; or

(3) the actual cost to engage an outside professional service to prepare a copy of a record, but only when system administration or campus is unable, due to technological limitations, to prepare a copy of the record and if such service is used to prepare the copy.

(d) When system administration or the campus has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from non-electronic records, the retrieval or extraction of such record or data must be accomplished electronically. In such case, a fee may be charged in accordance with paragraphs (c)(1) and (2) of this section.

(e) The requester shall be informed of the estimated cost of preparing a copy of a record if more than two hours of an employee's time is needed, or if it is necessary to retain an outside professional service to prepare a copy of the record.

(f) System administration or the campus may require that the fee for copying or reproducing a record be paid in advance of the preparation of such copy.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 311.8