Md. Code Regs. 16.03.03.09

Current through Register Vol. 51, No. 25, December 13, 2024

Section 16.03.03.09 - Fees

A. In General.

(1) Except as otherwise provided in this section, the fee schedule for copying and certifying copies of records is as provided in this regulation.

(2) If the fee for a copy, printout, photograph, or certification of any record is specified by other law, the specified fee governs over the fees in this regulation.

(3) No fee may be charged if the total amount accrued under the fee schedule is $1 or less.

B. Search and Preparation Time.

(1) Except as provided in §B(2) of this regulation, the Secretary may establish and charge a reasonable fee for:

(a) Time spent searching for requested records; and

(b) Time spent preparing records for inspection and copying.

(2) No fee may be charged for the first 2 hours needed to search for a record and prepare it for inspection.

C. Photocopying. If the copying is done on a machine that belongs to the Department, the charge is:

(1) 25 cents a page; plus

(2) For any copying that requires more than 10 minutes of an employee's time, commensurate with that employee's rate of compensation for the time spent.

D. Other Reproductions.

(1) For records that are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the charge for reproducing the record will be the actual cost, determined on a case-by-case basis.

(2) If the custodian is unable to copy a record within the Department, the custodian shall arrange for the prompt reproduction of the record at other public or private facilities. The charge for reproducing the record will be the actual cost, determined on a case-by-case basis.

E. Certification of Copies. For certifying a record as being a true copy of the original, the fee is $1 for each certification.

F. Cost Estimates. Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain the applicant's agreement to pay the cost. The custodian may require the applicant to prepay the estimated cost by cash or certified check.

G. Waiver or Reduction. On an applicant's request, the custodian may waive or reduce any fee imposed under this regulation if, after considering the applicant's ability to pay and other relevant factors, the custodian determines that the waiver or reduction is in the public interest.

H. Postage or Delivery Costs. If the applicant requests that copies be mailed or delivered, the custodian may charge the applicant for the cost of postage or delivery.

Md. Code Regs. 16.03.03.09