Md. Code Regs. 11.01.13.13

Current through Register Vol. 52, No. 1, January 10, 2025

Section 11.01.13.13 - Fees

A. The fee schedule for reproducing public records of the Department is as follows:

(1) Photocopies. The charge for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Department. However, when records are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the charge for reproducing the record will be determined on a case-by-case basis at actual cost.

(2) Printed Material. The charges for printed documents shall be actual cost of the item, if known. If actual cost is not known, the charge shall be 5 cents per page.

(3) Printouts. If the Department is required to provide a printout, the charge for the printout shall be determined on a case-by-case basis, taking into account computer and peripheral equipment usage, programming, and material costs.

(4) Certification of Copies. When a person requests that a copy of a record be certified as a true copy, an additional fee of 15 cents per page or, if appropriate, $1 per item, shall be charged.

(5) Search Fees.

(a) Except as provided in §A(5)(b) of this regulation, the official custodian may charge reasonable fees for the search and preparation of records for inspection and copying.

(b) The official custodian may not charge any search or preparation fees for the first 2 hours of official or employee time that is needed to respond to a request for information.

(6) If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.

(7) Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the official custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee. A charge need not be made if the total amount of the fee is $1 or less.

B. If the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act, the specific fee contained in that law shall determine the amount charged for that record.

C. If the custodian is unable to copy a record within the Department, he shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.

D. Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain agreement of the applicant that the cost shall be paid. The custodian may demand prepayment of any estimated fee before reproducing the record.

E. Items which are promotional in nature or which are routinely distributed to the public, and items which are required to be furnished to the public, other than by the provisions of the Public Information Act, may be given free of charge.

F. The Motor Vehicle Administration shall develop cost procedures in keeping with the spirit of these regulations whereby payment for volume requests for public records may be made on a periodic basis.

Md. Code Regs. 11.01.13.13

Regulation .13 amended effective September 14, 1992 (19:18 Md. R. 1657)
Regulations .13 amended effective September 12, 1983 (10:18 Md. R. 1609)
Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)