Md. Code Regs. 14.27.04.08

Current through Register Vol. 51, No. 18, September 6, 2024

Section 14.27.04.08 - Fees

A. Fee Schedule.

(1) The Service may charge reasonable fees for services provided under this chapter, as determined from time to time by a resolution of the Service's Board of Directors. As of April 1, 1996, the fees to be charged under this chapter are listed in this section.

(2) Copies. The fee for each copy is 25 cents per page for every page in excess of 25 pages if reproduction can be made by a photocopying machine within the Service's headquarters. There is no charge for copying the first 25 total pages. When the public record is not amenable to photocopying (for example, punch cards, magnetic tapes, large documents, and microfilm), the fee for reproducing the public record shall be based on the actual cost of reproduction. If the public records total more than 25 pages, the Service shall charge the applicant for the actual cost of labor expenses incurred by the Service for each employee photocopying the public records, including overhead costs at the Service's standard overhead rate.

(3) Certification of Copies. The Service shall charge a fee of $5 for each public record certified as a true copy, plus 50 cents per page.

(4) Search, Review, and Record Preparation Fees. The Service shall charge the applicant for the actual cost of labor expenses, including overhead costs at the Service's standard overhead rate, incurred by the Service for searching or preparing public records for inspection or copying, including staff and attorney review time. The Service may not charge for any labor expenses for the first 2 hours of official or employee time needed to respond to a request for public records or to search or prepare the public records.

(5) Exception to Fee. The Service may not charge a fee under this regulation if the total amount of the fee due under the request is $10 or less.

(6) Returned Check Fee. The Service may charge a fee of not less than $25 for a dishonored check returned to the Service.

B. Notwithstanding §A of this regulation, if the fees for copies, printouts, photographs, or certified copies of a public record are specifically prescribed by law other than the Public Information Act or this regulation, the specific fee contained in the law shall determine the amount charged for that record.

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

D. Before searching, assembling, and copying a public record, the custodian shall estimate the cost of copying and obtain the agreement of the applicant that the cost for search, preparation, review, and assembly shall be paid. The custodian may demand prepayment of an estimated fee before copying a public record. If the custodian requires prepayment, then the time limitations in this chapter may not begin until the applicant makes full payment.

E. If the applicant requests that copies be mailed or delivered to the applicant, the Director may charge the applicant for the cost of postage or delivery to the applicant.

Md. Code Regs. 14.27.04.08

Regulation .08 amended effective 45:20 Md. R. 919, eff. 10/8/2018