Section 1200-13-11-.07 - FEES AND CHARGES AND PROCEDURES FOR BILLING AND PAYMENT(1) Excessive fees and charges for copies of public records shall not be used to hinder access to public records.(2) Records custodians in collaboration with the PRRC shall provide requestors with an itemized estimate of the charges prior to producing copies of records and shall require pre-payment of such charges before producing requested records.(3) When fees for copies and labor do not exceed $50.00, the fees will be waived. Requests for waivers for fees above $50.00 must be presented to the PRRC, who is authorized to determine if such waiver is in the best interest of TennCare and for the public good. Fees associated with aggregated records requests will not be waived.(4) Fees and charges for copies are as follows:(a) $0.15 per page for letter- and legal-size black and white copies.(b) $0.50 per page for letter- and legal-size color copies.(c) Shipping or mailing costs in excess of $15.00.(d) Labor when time exceeds 1 hour for time reasonably necessary to produce requested records, including the time spent locating, retrieving, reviewing, reproducing, redacting or scanning records. The cost will vary depending on the hourly rates of the employee(s) doing the work and may include the time of an attorney reasonably necessary to review records and redactions to ensure compliance with confidentiality requirements of state and federal law.(e) If an outside vendor is used, the actual costs assessed by the vendor.(f) If transfer is performed via disk, such as a flash drive, the agency's cost for procuring such a device.(5) No duplication costs will be charged for requests for less than 10 pages.(6) Payment is to be made by check or money order payable to TennCare and presented to the PRRC via mail or hand delivery, at the address provided in the Request and Response Forms.Tenn. Comp. R. & Regs. 1200-13-11-.07
Original rules filed January 3, 2019; effective 4/3/2019.Authority: T.C.A. §§ 4-5-202, 10-7-503, and 71-5-105.