044-25 Wyo. Code R. § 25-5

Current through April 27, 2019

Section 25-5 - Procedure for Access

The Department will respond to requests for access to records within ten days of receipt of such request. The initial response will specify whether access will be granted, and state whether the record is available through routine search or whether a significant amount of time will be required to search and/ or delete from the record data or information not available for public disclosure. If the records requested are not in control of the Department, or if they are in storage, the requesting party shall be so notified.

(a) In any situation where a record within the Department's control is available for public disclosure, but a portion of the data or information contained in the record is not available for such disclosure (e.g., it contains a trade secret or confidential information), the portion that is not available for disclosure will be deleted before the document is disclosed to the public.

(b) The Insurance Department will make every reasonable effort to comply fully with all requests for disclosure for records. Nonspecific requests or requests for a large number of documents that require the deployment of a substantial amount of Department man-hours to search and compile will be processed taking into account the man-hours required, the tasks from which these resources must be diverted, and the impact that this diversion will have upon the Department's statutory activities. If the request is so nonspecific or for such a large number of documents that a response will divert Department personnel from their other duties for a substantial period of time, the Department may inquire whether a more specific or less burdensome request can be made.

(c) The Department in its initial response will estimate the cost of providing the record in a form disclosable to the requesting party. If the estimation entails significant cost to the requesting party the Department will inquire whether the requesting party wishes the Department to conduct the search and associated activities necessary to make the records available for public disclosure. Costs incurred by the Department in providing records in disclosable form will be assessed to the requesting party and shall include:

(i) Routine search for records and deletion of nondisclosable data and information: $6 per hour. Where time is required to be spent by higher salaried professional, managerial, or program personnel in searching for or producing requested documents or in deleting nondisclosable data and information, special rates approximating the cost to the agency of such services will be determined and charged. (In determining these rates, the man-hours spent by such personnel will be taken into account.)

(ii) Reproduction, duplication, or copying of records: 50 cents per page.

(iii) Reproduction, duplication, or copying of microfilm: $ 1 per microfilm frame and $1 per microfiche.

(iv) Certification or authentication of records: $5 per certification.

(v) Forwarding material to destination: Postage, insurance, and other related costs will be charged on an actual cost basis.

(vi) If fees other than those stated above are specifically provided by law, those other fees shall apply.

(d) The payment of fees may be waived by the Insurance Commissioner on an adequate showing that the person making the request is indigent.

(e) In the event that a request for record copying is deemed to interfere with the efficient operation of the Department, the records may be furnished to another entity for copying. If so the actual costs to the Department will be assessed to the requesting party.

(f) The costs stated in subsection (c) and (f) above shall be paid by the requesting party [unless waived under subsection (e)] before records are provided to the requesting party.

044-25 Wyo. Code R. § 25-5