Section 1240-09-01-.05 - FEES AND COSTS FOR REPRODUCTION OF RECORDS(1) The Records Custodian may assess a charge of fifteen cents ($0.15) per page for each routine, standard 81/2 x 11 or 81/2 x14 black and white copy produced. The Records Custodian may assess a requestor a charge for a duplex copy that is the equivalent of the charge for two (2) separate copies. The Department may charge for all costs for reproduction of the record for the person or entity that has made the records request, whether the record is determined to be "routine" or "non-routine". Copies of sizes other than 81/2 x 14 may be charged at fifty cents ($.50) per page, or, if higher, the actual costs.(2) If a public record is maintained in color, the records custodian shall advise the requestor that the record can be produced in color if the requestor is willing to pay a charge higher than that of a black and white copy, and if the equipment is available to the Department to reproduce the copy in color. If the requestor then requests a color copy, a records custodian may assess a charge of fifty cents ($0.50) per page for each 81/2 x 11 or 81/2 x 14 color copy produced, or, if higher, the actual costs.(3) The Department shall not be required to reproduce copies on two (2) sides unless the equipment at the reproduction site is designed to automatically produce a two (2) sided copy on a single piece of paper.(4) Copies, exclusive of labor, made on electronic media shall be charged at a minimum of One Dollar ($1.00) for any CD, DVD, or floppy disk if these media are available.(5) Magnetic copies, if available, shall be charged at a minimum of One Hundred Dollars ($100.00) per magnetic tape containing 20 gigabytes.(6) The costs of reproduction shall include the following: (a) Department staff labor, paper and other products and rental fees, including, but not limited to, the costs of: 1. Staff labor costs utilized in locating, retrieving, reviewing redacting, and reproducing the record, including labor and other costs utilized in reviewing and assessing the estimated cost to reproduce the record; and2. Paper or other products such as, but not limited to, copy toner or toner cartridges, inks, electronic or magnetic media including, but not limited to compact disks, DVDs, floppy disks, etc., or any per copy charges incurred by the Department on any rented equipment.(b) Development of Computer Programs and Applications, including, but not limited to: 1. Creation of a new or modified computer program or computer application that is necessary to put the records in a readable and reproducible format or in a specific reproducible format that is requested by the person or entity seeking copies of the record; and2. In such case, the costs of staff, contractor, or consultant specialist time required for the production of the program or application and the costs of any new or modified software or hardware necessary for the production of the records may also be charged by the Department as costs of reproduction of the record.(c) The costs for delivering the records by mail or any other delivery services or any other mechanisms or processes, electronic, magnetic or otherwise.(d) Any other costs associated with actually reproducing the requested records, including all charges by vendors and contractors utilized to access or reproduce the records.(e) The records custodian shall utilize the most cost efficient method of producing the requested records.(7) Calculation of Department Staff Labor Costs.(a) Department staff labor costs shall be charged at either the hourly rate, for the staff person's position as set by the Department of Human Resources, or, if paid on a salary basis based on the annual salary, excluding the first hour of labor and benefits, including the cost of any overtime that is necessary to reproduce the record.(b) The hourly rate is that established by the Department of Human Resources for that staff person's position. If the staff person is paid on a salary basis, the rate paid is that based upon the annual base salary of the employee(s) excluding benefits. If an employee is not paid on an hourly basis, the hourly wage shall be determined by dividing the employee's annual base salary by the required hours to be worked per year which will be Nineteen Hundred Fifty (1,950) hours for full-time employees. For example, an employee who is expected to work a Thirty-Seven and One-Half (37.5) hour work week and receives Thirty-Nine Thousand Dollars ($39,000) in salary on an annual basis will be deemed to be paid Twenty Dollars ($20) per hour.(c) When the aggregate number of requests made by a requestor within a calendar month exceeds four (4), the requestor will be charged a fee for any and all labor that is reasonably necessary to produce the copies of the requested records after informing the requestor that the aggregation limit has been met.(8) Contractor or Consultant Costs. The costs of a contractor or consultant's time shall be charged at the unit rates charged to the Department pursuant to the Department's existing contract or any contract made necessary due to the copy request.
(9) Specialist Costs. The costs of a specialist's time shall be charged at the costs invoiced to the Department for the services provided that are related to the reproduction of the record.
(10) Copying by Requesting Person or Entity. (a) The Commissioner, or the Commissioner's designee, may, in his or her discretion, permit the requestor to supply the necessary equipment and supplies to make the requested copies where the records are housed or located for purposes of the records request, and all, or a portion, of the fees required by this Chapter may, in his or her discretion, be waived by the Department, but no record shall be permitted to be removed from the Department's offices for this purpose without written approval by the Commissioner or the Commissioner's designee.(b) The Department may provide any personnel to observe the copying process permitted by this paragraph to protect the integrity of the records, and the costs of staff time necessary for this purpose may be charged pursuant to this Chapter.Tenn. Comp. R. & Regs. 1240-09-01-.05
Original rule filed December 2, 2002; effective February 15, 2003. Amendment filed December 10, 2009; effective March 10, 2010.Authority: T.C.A. §§ 4-5-201 et seq.;4-5-202; 8-4-604(a)(3); 10-7-503; 10-7-504(a)(7); 10-7-506; 10-7-506(a);71-1-105; 71-1-105(4) and (12); Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).